Q: We live in a beautiful multi -storey rental building on the Upper West Side. Despite the very high rent, only one of three passenger elevators works, which has been the case for many weeks. An elevator is out of operation for six months, and there is no word about when the second elevator is in use again. There are always long waiting times and management is unusual. Do we have a legal recourse to holding a part of the rent to reflect this duty wire?
A: If elevators are not put into operation, this can be a simple inconvenience or be very annoying for everyday life. But drawing the city – not holding back the rent – is probably your best procedure here.
In New York City, the landlords must keep their real estate safely and in accordance with the city's codes, and this includes the legal requirements for elevators. For the beginning, the owners must have an active contract with an approved elevator company in order to carry out maintenance and annual inspections. In buildings that are larger than five floors, the city law requires that at least one functioning elevator must be on duty and has access to all floors at any time.
Residents of buildings with non -edited elevators are “strongly encouraged” to call 311 and submit a report so that the elevators can be inspected, said David Maggiotto, deputy press spokesman for the city's building department.
It is the responsibility of the landlord to repair the contract elevator service company immediately, said Maggiotto. If the landlord did not take any measures, you can submit a lawsuit in front of the Housing Court or as part of a group of dissatisfied tenants. (Even if some of the elevators are still in operation, the inspectors may still result in violations.)
If the repairs are not met, this can lead to additional violations and enforcement measures from the DOB. The department warns that a failure to correct violations can lead to criminal proceedings.
Whatever happens, you are probably not entitled to hold your rent due to a broken elevator, except in the rare case that your lease guarantees that you will remain on duty (check whether this is the case) or whether your apartment will become unusable, said Andreas E. Christou, a lawyer in Woods Longan Pllc in New York. Keeping back the rent can leave you open for the evacuation or termination of rental contracts.
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