No Rent Reduction for Temporary Elevator Outage

Tenants complained of a reduction in building-wide services based on lack of elevator service. The DRA ruled against tenants, who appealed and lost. Tenants complained on Feb. 17, 2009. But tenants notified the DHCR that the elevator was out of service from Jan. 9, 2009, through March 2, 2009. During this time, the elevator was fixed and renovated. The DRA sent notice of tenants' complaint to landlord on April 2, 2009. So the earliest possible rent reduction date would be May 1, 2009. By that time, elevator service had been restored, so no rent reduction was permissible.

Marmorstein: DHCR Adm. Rev. Docket No. XJ130055RT (5/7/10) [2-pg. doc.]