DOB Violations Issued for Defective Elevator

Facts: Tenants complained of reduced services building-wide, including a malfunctioning elevator. The DRA ruled for tenants, based on an inspection showing that the elevator didn't stop level on all floors. Landlord appealed, claiming that the DOB---not the DHCR---was the proper agency to decide any elevator complaints. Landlord also claimed that the DOB hadn't issued any violation notices concerning the elevator. The DHCR ruled against landlord, noting that there were DOB violations issued based on problems with the elevator. Landlord appealed, still claiming that the DHCR had no authority to reduce rents for elevator defects. Court: Landlord loses. The DHCR can reduce rents and direct landlord to restore services that aren't being maintained, including elevator services. Here, the DHCR relied on its own inspection and DOB violation reports in making its decision. The DHCR's ruling was reasonable.

Matter of Fisher Associates: NYLJ, p. 24, col. 1 (9/8/93) (Sup. Ct. Queens; Smith, J)