DHCR Can Rule on Tenant's Elevator Complaint

Tenants complained to the DHCR of a reduction in building-wide services based on elevator defects. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that DOB, not the DHCR, should evaluate any elevator complaint because the DHCR didn't base its finding that the elevator didn't level on any specific standard. Landlord also pointed out that tenants didn't complain that the elevator cab was deteriorated, and that there were no DOB elevator violations. The DHCR's inspector was able to observe that the elevator didn't level on all floors, and that the elevator cab was deteriorating with a gap between the cab and landing. This was part of tenants' leveling complaint. And contrary to landlord's claim, DOB issued additional elevator violations for the building on Sept. 30, 2009, and Feb. 24, 2009. These violations were in place when the DRA ruled on tenants' complaint.

Washington 941 Limited Partnership: DHCR Adm. Rev. Docket No. XH210055RO (7/15/10) [8-pg. doc.]