Elevator Doesn't Level Properly

July 31, 2004

LVT Number: 17514

Tenants complained of a reduction in services based on elevator problems. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that tenants waited 10 years to complain and that the leveling problem was minor. The elevator stopped one and one-half inches lower than the floor on all floors. Landlord said the elevator was maintained regularly but that it was old and didn't have an automatic leveling device. The DHCR ruled against landlord. The failure of an elevator to properly level isn't a minor condition. It creates a trip hazard that is potentially dangerous.

Tenants complained of a reduction in services based on elevator problems. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that tenants waited 10 years to complain and that the leveling problem was minor. The elevator stopped one and one-half inches lower than the floor on all floors. Landlord said the elevator was maintained regularly but that it was old and didn't have an automatic leveling device. The DHCR ruled against landlord. The failure of an elevator to properly level isn't a minor condition. It creates a trip hazard that is potentially dangerous. The fact that the elevator is old, doesn't have an automatic leveling device, and would be expensive to repair didn't excuse landlord from repairing it.

The Kibel Cos., LLC: DHCR Adm. Rev. Dckt. No. RL110045RO (6/10/04) [4-pg. doc.]

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