DOB Elevator Reports Don't Support Tenant's Claims

LVT Number: 11248

(Decision submitted by William J. Eberight of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Tenants complained of a reduction in building-wide services based on landlord's failure to maintain the elevator. The DRA ruled for tenants and reduced their rents based on DOB records. Landlord appealed. The DHCR ruled for landlord. As landlord pointed out, the violations in the DOB report all related to failure to give access to certain areas or failure to guard other areas.

(Decision submitted by William J. Eberight of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Tenants complained of a reduction in building-wide services based on landlord's failure to maintain the elevator. The DRA ruled for tenants and reduced their rents based on DOB records. Landlord appealed. The DHCR ruled for landlord. As landlord pointed out, the violations in the DOB report all related to failure to give access to certain areas or failure to guard other areas. These weren't the conditions tenants complained about to the DRA and the DOB report was the only basis for the DRA's order. So the rent reductions were revoked.

Amagansett House Corp.: DHCR Adm. Rev. Dckt. No. KG430136RO (10/11/96) [2-page document]

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