Disconnected Elevator Not a Violation

DOB issued a violation notice to landlord for not maintaining an elevator. Landlord claimed that the elevator in question was used mainly for freight and wasn't ''inoperative'' but merely disconnected at the time of the inspection. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming for the first time that landlord should have had the freight elevator in operation at all times, and that there was a violation because the super wasn't in the building to activate the elevator when the inspector was there. ECB ruled against DOB. DOB's new claim was a separate violation that wasn't stated in its notice. Landlord's disconnection of the freight elevator didn't prove that landlord didn't maintain the elevator in good working order.

T.U.C. Mgmt. Co.: ECB App. No. 25364 (9/24/97) [2-page document]