Tenant's Elevator Service Complaint to DHCR Properly Dismissed

LVT Number: #31313

Rent-stabilized tenant complained to the DHCR of a reduction in building-wide services based on defective elevator service. The DRA ruled against tenant on Nov. 22, 2019, after DHCR inspection on Nov. 12, 2019, showed that the elevator was working properly. Tenant appealed and lost. Tenant argued that the DHCR didn't conduct a complete review of DOB records. DOB had issued a violation to landlord on Nov. 26, 2019, for failure to maintain the building's elevator or conveying system. But this violation was issued after the DRA ruled on tenant's complaint.

Rent-stabilized tenant complained to the DHCR of a reduction in building-wide services based on defective elevator service. The DRA ruled against tenant on Nov. 22, 2019, after DHCR inspection on Nov. 12, 2019, showed that the elevator was working properly. Tenant appealed and lost. Tenant argued that the DHCR didn't conduct a complete review of DOB records. DOB had issued a violation to landlord on Nov. 26, 2019, for failure to maintain the building's elevator or conveying system. But this violation was issued after the DRA ruled on tenant's complaint. And, before issuing its order, the DRA had investigated and found that there were no outstanding elevator violations posted on HPD's website. 

Heyward: DHCR Adm. Rev. Docket No. HX410008RT (1/21/21) [3-pg. doc.]

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