Elevator Fixed by Time of DHCR Inspection

Rent-stabilized tenants complained of a reduction in building-wide services based on decreased elevator service. The DRA ruled against tenants and dismissed the case because the elevator worked properly when the DHCR inspected it in response to the complaint. Tenants appealed and lost. They argued that there was no elevator service from Oct. 4, 2010, to Nov. 23, 2010, due to extremely slow maintenance or repair work. They claimed that the DHCR's investigation was untimely and inadequate, and that the DHCR's inspector was unqualified to assess whether the elevator was in proper working order. But the DHCR properly processed tenants' complaint. Landlord had 45 days to answer the notice of tenant's complaint. Landlord answered in time, on Dec. 23, 2010, and claimed that the elevator was working. The DHCR inspected shortly thereafter, on Jan. 6, 2011, and confirmed this. The DRA also checked DOB's Web site and found no elevator violation.

Sansone: DHCR Adm. Rev. Docket No. ZB410028RT (1/20/12) [5-pg. doc.]