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

What is NYC RCNY § 102-08?

Quick Answer

A cease use order will be issued for all elevators, personnel hoists, escalators, and moving walks pursuant to § 28-207.5 of the New York City Administrative Code whenever any service equipment is or may be dangerous to life, health or safety. In addition, the device will be tagged as unsafe.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →
Effective: 6/11/2026

§ 102-08 Cease Use Orders for Elevators, Personnel Hoists, Escalators and Moving Walks.

RCNY § 102-08

A cease use order will be issued for all elevators, personnel hoists, escalators, and moving walks pursuant to § 28-207.5 of the New York City Administrative Code whenever any service equipment is or may be dangerous to life, health or safety. In addition, the device will be tagged as unsafe. This tag may not be removed without prior approval from the department. The equipment may not be returned to service until a fee of $65 is paid and the department has rescinded the cease use order upon application from the owner in accordance with § 28-207.5.1 of the Administrative Code. Such dangerous conditions include, but are not limited to: (a) Elevator running with an open hoistway door or car gate/door.

(b)Elevator running with broken or non-functioning upper or lower final hoistway or machine limit switches.

(c)Hoistway or car door vision glass and grille guard missing.

(d)Unraveling or broken hoist, counterweight, governor or compensation cables.

(e)Missing hoistway door or car door gibs.

(f)Inoperable governor.

(g)Elevator running with non-functioning interlock.

(h)Emergency top exit cover missing (passenger elevator).

(i)Side emergency exit door open (passenger elevator).

(j)Emergency stop switch not working (automatic elevator, escalator or moving walk).

(k)Directional switch not working (escalator or moving walk).

(l)Other dangerous conditions as observed by the inspector. (Added City Record 5/12/2026, eff. 6/11/2026)

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters