DOB Records Showed Elevator Repaired Shortly After Tenants Filed Complaint

Tenants complained in June 2006 of a reduction in building-wide services. They said that they had no elevator service since January 2006 and that the problem was ongoing. The DHCR inspection in November 2006 showed that a new elevator had been installed and was working properly. The DRA ruled against tenants. Tenants appealed, arguing that it made no sense to inspect in November when the problem was occurring earlier in the year. The DHCR again ruled against tenants. Under DHCR Policy Statement 90-2, if a service was restored by the time of DHCR inspection, tenants' complaint would be dismissed. In addition, DOB records showed that elevator service was restored at the building as of late June 2006, less than a week after tenants filed their DHCR complaint.

Paz: DHCR Adm. Rev. Docket No. VA420005RT (4/13/07) [2-pg. doc.]