NYC Administrative Code

§ 28-219.4 — Notice to the department of housing preservation and development for certain elevator-related violations.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-219.4?

Quick Answer

This section mandates that if an owner fails to correct an immediately hazardous elevator violation in a multiple dwelling, the Department of Buildings must refer the violation to the Department of Housing Preservation and Development for further evaluation. Applies to owners of multiple dwellings with elevator-related issues.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-219.4 Notice to the department of housing preservation and development for certain elevator-related violations.

AC § 28-219.4

If, upon re-inspection of an immediately hazardous violation relating to an elevator that services one or more dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition constituting such violation then the commissioner shall refer such violation, within one week of such re-inspection, to the commissioner of housing preservation and development for a determination as to whether such violation is dangerous to human life and safety or detrimental to health pursuant to section 27-2125 of the New York city housing maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable elevator, the department shall include such information and any other relevant information in such referral. The department may continue enforcement action against the owner of the multiple dwelling after referral of such violation to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the department shall notify the commissioner of housing preservation and development of such efforts. The department shall notify an owner of the referral of any such violation to the commissioner of housing preservation and development for action under this section. Exceptions: 1. Elevators located in owner-occupied multiple dwellings that service only the owner-occupied dwelling unit provided that such unit is not occupied by boarders, roomers, or lodgers.

2.Elevators located within convents and rectories that are not open to non-occupants on a regular basis. (L.L. 2015/101, 11/4/2015, eff. 7/1/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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