Elevator Inoperable at Time of DHCR Inspection

LVT Number: #28487

Tenant complained of a reduction in building-wide services due to an inoperable elevator. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that it needed additional time to restore elevator service. It had scheduled an inspection and a test with DOB and the elevator had to pass the test before being put back in service. Elevator service was in fact restored while landlord's PAR was pending. But, at the time of DHCR inspection while tenant's complaint was pending, the elevator wasn't functioning.

Tenant complained of a reduction in building-wide services due to an inoperable elevator. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that it needed additional time to restore elevator service. It had scheduled an inspection and a test with DOB and the elevator had to pass the test before being put back in service. Elevator service was in fact restored while landlord's PAR was pending. But, at the time of DHCR inspection while tenant's complaint was pending, the elevator wasn't functioning. It didn't matter that landlord was making efforts to restore service at that time.

W&W Realty Associates: DHCR Adm. Rev. Docket No. FR410047RO (4/27/18) [2-pg. doc.]

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