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Question: elevator service bill

NYC Housing Court Practice/Procedures

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Question: elevator service bill

Postby sanders22 » Fri Feb 04, 2005 6:13 pm

A couple weeks ago I clumsily dropped my keys and they fell through the crack near the elevator door. I went to the super to see if he had an elevator key. I knew that with a key it would not be a problem tho get the keys out of the elevator pit. The super didn't have a key so we tried to borrow one from the fire dept. that is next door. Too bad, regulations prevent it. I believed, based on an unrelated incident 5 or 6 years ago, that the building was supposed to have an elevator key on on hand so when the super says he'll have to call somebody I go upstairs to my apt. (which had been opened with a spare set) and wait. Two hours later The keys are out. The problem begins when my landlord forwards a bill for $480 to me saying that since I "authorized" the super to call the elevator company I am to pay the bill.

I made a call to 311 and was bounced around to a few people in the Dept. of Buildings before speaking to a guy who said that it is a violation for the elevator key not to be on the premises (surprise, there's no inspection cert. in the elevator). The landlord now says he has a copy of the regulation and that by law the building is NOT supposed to have a key.

Does anyone know what is true? And secondly, since I don't believe I ever "authorized" any service call am I really responsible for this bill?

Any info would be appreciated, thanks!
sanders22
 
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Re: Question: elevator service bill

Postby Downtown » Sat Feb 05, 2005 10:45 am

In my building clearly says (where emergency key goes) for Fire Dept.
Even if LL is required to have key....would Super be required to use it to retrieve your keys. Super was trying to help...yes should have gotten authorization from LL or you for $480...I'm guessing LL would not have authorized and you would have had to wait until regular visit.
People do not become Supers because they are extremely smart. You should have asked before going up to your apt.
I'm guessing that you would have to prove that key is required and that an agent is required to use key to retrieve lost items. Otherwise, would have to show that super did not act with authority (chances are he/she will have to pay).
Downtown
 
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Re: Question: elevator service bill

Postby Robert Fortune » Tue Apr 05, 2005 9:39 am

To: Downtown

I can truly appreciate your no doubt experienced opinion that "People do not become Supers because they are extremely smart." Not bad. You've got potential my friend. I wish my building actually had a building Super(intendent). Peace.
Robert Fortune
 
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Location: New York, NY

Re: Question: elevator service bill

Postby Anna » Tue Apr 05, 2005 3:42 pm

The MDL and the HMC both require a super to live in or near the bldg. MDL 248 also reuires a live-in manager for all SROs. MDL online = TN. HMC online = RGB website, www.housing nyc.com , search for janitor.
Anna
 
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