Page 1 of 2 12 LastLast
Results 1 to 10 of 18

Thread: elevator broken (again)

  1. #1

    elevator broken (again)

    Hello guys,

    I'm a tenant in a build, and I live in the 2nd floor.
    The building has an elevator that keeps malfunctioning, it broke for 6 days in February, broke in December for 3 days, and now it has been broken for 2 weeks.
    The expected time to fix the elevator will be 8 to 10 weeks.
    While the elevator is not working, I cannot leave my house, I'm stuck at home.
    If this elevator problem happened one time, this wouldn't be an issue, the problem is that the elevator breaks often, it's never repaired, it's only patched.
    I know the landlord has to accommodate me, but what can I do to make sure the elevator is properly fixed ?
    What rights do I have, and what can I do ?
    I'm pretty sure I'm not suppose to be locked at home for over 2 months while I wait the elevator to be fixed.

    Thanks !

  2. #2
    Where do you live (country? State or province, city, etc.?)? Is this public or Section 8 housing or just a regular private apt. building? Do you have a local tenants rights organization that might help you? If in the USA, have you contacted your local ILC (Independent Living Center) for help? Have you contacted the local fire department to see if there is some violation of the fire safety code that this causes, which could result in a fine to the landlord?

    (KLD)

  3. #3
    Hope you are not paying full rent.

  4. #4
    Quote Originally Posted by SCI-Nurse View Post
    Where do you live (country? State or province, city, etc.?)? Is this public or Section 8 housing or just a regular private apt. building? Do you have a local tenants rights organization that might help you? If in the USA, have you contacted your local ILC (Independent Living Center) for help? Have you contacted the local fire department to see if there is some violation of the fire safety code that this causes, which could result in a fine to the landlord?

    (KLD)

    I'm in Oakland, California.
    This is a private building with 26 appartments.
    Contacting institutions has been pretty much useless. City of Oakland, can't do anything about it, they can only send notifications to the landlord.
    Elevator inspection department can't do anything either , if the elevator is malfunctioning they can shut down the elevator, send a notification to the landlord, and he has 90 days to fix it, or they will keep it shut down.
    ADA sent me to the city of Oakland, DRA (http://dralegal.org/) can't do anything about it.
    Pretty much no one can do anything about it, which I find kind of bizarre.
    ILC, you mean this ones ? (http://www.cilberkeley.org/) ? I don't see how could they help.
    I'm paying full rent, I was proposed a "reasonable reduction", I have no idea how reasonable it will be, but I'm not very interested , I'm only interested in having the elevator properly fixed and working, so I can have my life back to "normal".
    Moving out is not an option, we have been living here for 8 years, and the rent around us is 2 or even 3 times higher than what we pay now.

    Any suggestions ?

  5. #5
    Suggest you contact the Berkley CIL (which is the original Independent Living Center).

    Not sure who you meant by "the ADA" since that is not an agency or enforcement bureau. This would not be an ADA issue.

    Try some of these organizations: https://www.acgov.org/law/documents/...or_Tenants.pdf

    (KLD)

  6. #6
    Senior Member
    Join Date
    Mar 2012
    Location
    Hampstead NC
    Posts
    1,094
    All the states who prescribe to the International Building Code "MUST" enforce the ADA law as a part of the State law. The State of California is a member, and subscribes to that model law, I was trained by a member of the California Codes Enforcement Officer's association. Your landlord/owner corporation is in violation of the California State Building codes which also is responsible for enforcement of the maintenance sections of that Code. This is a criminal offense under the Federal statute that authorized Building Codes and the provisions in the ADA. (Built in mechanical features that are provided within the rental structure must be Maintained in certified operating condition. (This is under general Codes, not ADA specific)

    Do not take NO far an answer from any department of your local Codes Enforcement Office or Building Department. If they shush you aside contact the State or even Federal Attorney's office, I suggest you do it in writing, mailed "Registered Mail Return, Return Receipt Requested" Of course keep copies for yourself CC everyone, your landlord, or whomever you mail or send your rent to, the Dept of Justice State and Federal and your Local officials, who I assume you will have contacted first, either in person or by mail. Make a complete file of every correspondence to take with you at any meetings you may have to attend.

    If you cannot leave your apartment, to access any necessary service, because of this elevator problem, you might consider contacting Emergency Services and keep a record of that necessity as well. Some jurisdictions will bill your building owner for that service. This usually get someone's attention. And a safety report will be made. Just further proof of the severity of this particular problem.

    Your situation, as I understand it, violates so many rules and regulations I am not at this point able to enumerate them. Your building managers, usually a company, are civilly, and criminally responsible for your ability to access your dwelling. You pay, (and keep paying) rent for that ability, just as every resident of that building. So this becomes a discriminatory violation of civil law as well.

    I was a certified Buildings Codes Enforcement Officer, trust me, you have a ton of options, exercise some of them.
    Last edited by Bob Sullivan; 05-22-2016 at 03:25 PM.

  7. #7
    Senior Member
    Join Date
    Apr 2016
    Location
    Cincinnati, Ohio, USA
    Posts
    1,097
    Hmmm...so this is a rent controlled apartment and a malfunctioning elevator might induce people to move thus allowing the landlord to find new tenants at much higher rents? Sounds like more than an ADA complaint to me. Time to litigate.

  8. #8
    Senior Member Oddity's Avatar
    Join Date
    Oct 2008
    Location
    Virginia Beach, VA
    Posts
    2,423
    Blog Entries
    1
    ADA doesn't criminalize violations. I also don't believe you can "sue" anyone over it. The government can use it to compel compliance via fines, but IIRC, that is about it.
    A Buddhist monk walked up to the guy working behind a hot dog cart and said, "Make me one with everything."

    "Even what those with the greatest reputation for knowing it all claim to understand and defend are but opinions..." -Heraclitus

  9. #9
    Senior Member
    Join Date
    Apr 2016
    Location
    Cincinnati, Ohio, USA
    Posts
    1,097
    Not true. Violating the ADA is illegal and most states have parallel protections and one can sue in civil court based on ADA violations.

    FYI I'm currently suing my former employer for terminating me based on becoming disabled.

  10. #10
    Senior Member Oddity's Avatar
    Join Date
    Oct 2008
    Location
    Virginia Beach, VA
    Posts
    2,423
    Blog Entries
    1
    Quote Originally Posted by Mize View Post
    Not true. Violating the ADA is illegal and most states have parallel protections and one can sue in civil court based on ADA violations.

    FYI I'm currently suing my former employer for terminating me based on becoming disabled.
    From a civil rights perspective, yes. But that is civil law, not criminal. My point was the distinction between "criminal" and "civil". No one can go to jail because of an ADA violation. Fines and monetary rewards are the limits of the enforcement. US Attorney is the only office that can sue on ADA violations, strictly speaking, and they don't do it on behalf of the individual that filed the complaint. Workplace discrimination is something a bit different, legally speaking, than an ADA violation "law suit".
    A Buddhist monk walked up to the guy working behind a hot dog cart and said, "Make me one with everything."

    "Even what those with the greatest reputation for knowing it all claim to understand and defend are but opinions..." -Heraclitus

Similar Threads

  1. Replies: 15
    Last Post: 12-09-2012, 09:25 PM
  2. where to get elevator
    By freedomdan in forum Housing and Home Design
    Replies: 28
    Last Post: 11-24-2010, 09:11 PM
  3. Can You Say Elevator
    By nevada in forum Housing and Home Design
    Replies: 2
    Last Post: 09-15-2006, 11:29 AM
  4. Elevator
    By mrbreeze in forum Life
    Replies: 15
    Last Post: 02-23-2004, 10:32 AM
  5. Elevator
    By mrbreeze in forum Announcements & Feedback
    Replies: 2
    Last Post: 02-14-2004, 10:57 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •