Posted by TenantNet on July 28, 1997 at 18:29:20:
In Reply to: elevator intermittant posted by Russell Waldman on July 28, 1997 at 13:17:51:
: Can I reduce my rent for the frequent loss of use of elevator service?
: The elevator in my building frequently usaually on weekends goes out of service.
: Sevice is not returned until the following monday.Outages can be anywhere
: between 24-72 hrs in duration.What can I legally do?
You could file with DHCR for a service reduction and be prepared to wait
until Pataki's on his fourth term before they do anything. Even with obvious
cases like this, DHCR often rules against the tenant. If you are lucky, then
they would order a rent reduction and that would be your legal basis. Many
landlords just ignore them though know DHCR will not enforce its own
You can withhold your rent and be taken to housing court where the item
you indicate is your defense. You would ask for an order directing the
owner to repair the elevator. You can also file a HP action without
withholding rent. Don't think you need a legal basis for withholding --
it's your enforcement of your rental contract. See the court section
on the web site.
Make sure your owner is notified of the continuing outages and keep a log.
Be prepared for the landlord to claim you're imagining things. If you can,
get a Building's Dept. violation on the problem. Or if you go into
court, demand an inspection. But as the outages are intermittant and
it's a crapshoot that the elevators will be working when an inspector
comes -- so get your documentation on top of what you might get
from an inspector. And if possible, get more than just you working
on the problem. If you don't have a tenants assoc., start one.
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