Elevator Leveling Problem Not Minor Condition

Tenants complained of a reduction in building-wide services based on elevator conditions. The DRA ruled for tenants and reduced their rents. Inspection showed that the building's east side elevator was stopping about one inch above the floor level at the second and third floors, and two inches above the floor level at the fifth floor when going up. When coming down, the elevator stopped about one inch below the floor level on the fifth and third floors, and one inch above the floor level in the basement. Landlord appealed, claiming that this was a minor condition that didn't warrant rent reductions. Landlord also argued that there were no DOB elevator violations on record. The DHCR ruled against landlord. The DHCR can rule on elevator conditions that are clearly seen by its inspector. Technical expertise wasn't needed. And this condition wasn't minor. A leveling problem is a serious defect that should be corrected immediately to prevent passengers from tripping and getting injured.

Shara Associates LLC: DHCR Adm. Rev. Docket No. WF610018RO (9/26/08) [2-pg. doc.]