Out-of-Service Elevator Is Class 1 Violation

DOB issued a violation notice to landlord for failing to maintain the building's single elevator in a safe and code-compliant manner. DOB's inspector found the elevator out of service on the date he issued the violation. Landlord objected to receiving a Class 1 rather than Class 2 violation. He said that the four-story building wasn't required to have an elevator. The ALJ ruled against landlord and fined him $1,000. The ALJ stated that failing to maintain the only elevator that residents relied on was a threat to life, health, safety, and property, so a Class 1 violation designation was proper. Landlord appealed and lost. ECB ruled that under Administrative Code Section 28-301.1, landlord must maintain elevators in a safe, code-compliant manner at all times regardless of the height of the building. An out-of-service elevator in a building having only one elevator is, by definition, a condition dangerous to human life and safety.

Sutter Houses Assocs. LP: ECB App. No. 1300470 (7/25/13) [3-pg. doc.]