Elevator Leveling Problem Was Minor

August 31, 2009

LVT Number: #22123

Tenants complained of a reduction in building-wide services, claiming that elevators and fire doors needed repairs. The DRA ruled for tenants and reduced their rents. Landlord appealed, arguing that tenants’ complaint wasn’t specific enough. Landlord also claimed that an elevator leveling problem found by the DRA's inspector was a minor condition. The DHCR ruled for landlord in part. Tenants’ complaint sufficiently notified landlord of the conditions claimed. But one elevator had a leveling problem, in that it stopped one-half inch higher than the floor level on descent.

Tenants complained of a reduction in building-wide services, claiming that elevators and fire doors needed repairs. The DRA ruled for tenants and reduced their rents. Landlord appealed, arguing that tenants’ complaint wasn’t specific enough. Landlord also claimed that an elevator leveling problem found by the DRA's inspector was a minor condition. The DHCR ruled for landlord in part. Tenants’ complaint sufficiently notified landlord of the conditions claimed. But one elevator had a leveling problem, in that it stopped one-half inch higher than the floor level on descent. The elevator leveled properly when it was going up. The DHCR’s inspector noted that the condition wasn’t hazardous. So the elevator leveling condition was minor, and no rent reduction was warranted. That portion of the DRA’s order was revoked.

Various Tenants of 444 East 82nd Street/Clermont York Associates: DHCR Adm. Rev. Docket Nos. WK430009RT, WK430024RO (6/5/09) [4-pg. doc.]

Topics

More like this