Elevator Leveling Problem Was Minor

Tenants complained of a reduction in building-wide services. Among other things, they claimed that passenger elevators in the building failed to level. The DRA ruled for tenants, finding elevator leveling defects. Landlord appealed, claiming that any elevator problems were minor and didn't warrant rent reductions. The DHCR's inspector found four of the building's five elevators to be operating without defects. One elevator had a leveling problem, in that it stopped one-half inch higher than the floor level on descent. It leveled properly when going up. The inspector found no hazardous condition in connection with the leveling problem. The DHCR ruled for landlord. In similar cases, the DHCR found this condition to be minor. But the rent reductions remained in effect based on other service reductions found by the DRA.

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