Inspector Couldn't Get Access to Elevator Machine Room

DOB issued landlord a violation notice for not maintaining the building and its parts in a safe condition. The notice said that the DOB inspector couldn't gain access to the elevator machine room for an inspection. The ALJ dismissed the violation, finding that the super had been temporarily away from the building, and that a key to the room was generally available. DOB appealed, arguing that the notice of violation itself proved that the elevator wasn't being maintained. ECB ruled for the landlord. The violation notice said that the inspector couldn't get access to the elevator machine room. This alone wasn't enough to show that landlord wasn't maintaining the elevator.

City of New York v. 436 Realty Corp.: ECB App. No. 16619 (3/16/94) [2-page document]