I own a co-op apartment in NYC and I live on the top floor (7th). The building elevator became inoperable a week ago, signs were posted by the management company saying the necessary repairs are significant and they are working on getting in estimates to have it fixed but that it will take “weeks”. Under the 'Warranty of Habitability", am I (and the other share holders) entitled to a maintenance reduction during the time the elevator is inoperable?
All excellent questions for your attorney.
Are there any tenants who require the elevator who could sue for breach of the ADA? That’d be much more expensive than paying for emergency maintenance now.
So you have to climb 7 flights of stairs for the next few weeks? Inconceivable!
If the lack of a second exit possibility makes the building uninhabitable above say the third floor, doesn’t that threaten your temporary eviction? If your maintenance fee is based on expenses, won’t the costs just be passed on to you anyway?
Personally, I would consider this a challenge and an opportunity, but I know I’m in a minority. I could handle seven flights like it was a walk to the car. Still, this is a safety issue for some people. They won’t be able to do it at all. Someone could have a heart attack or a serious fall.