Landlord Fined $1,250 by DOB for Out-of-Service Elevator

DOB issued a violation notice to landlord for failing to maintain its building elevator in a code-compliant manner. DOB's inspector found the elevator to be out of service at the time of inspection, creating a hazardous condition. Landlord argued at a hearing that it proactively took the elevator out of service to modernize it, so it posed no danger because no one could use it. DOB argued that landlord should have maintained the elevator rather than allow it to degrade to the point where it needed to be taken out of service. Landlord's vendor proposal showed that extensive repairs were needed. The ALJ ruled against landlord and fined it $1,250.

Landlord appealed and lost. Admin. Code Section 28-304.1 requires that all elevators and conveying systems be maintained in a safe condition. The elevator was the only active elevator in the building. And an out-of-service elevator was described as a dangerous condition in 1 RCNY Section 11-02(a).

DOB v. Andrews Plaza Housing Association: ECB App. No. 2200286 (5/26/22)[2-pg. document]