When the Lone Elevator Goes Down

A couple who rent a ninth-floor apartment in a Kips Bay condominium recently learned that the building’s lone elevator will be out of service for replacement for up to 12 weeks this summer. This inspired the couple to pose a question to the Ask Real Estate column in the New York Times: “Are we allowed to withhold rent or reduce rent because of the inconvenience or unavailable building services?”

“The bottom line,” replies tenant lawyer Jennifer Addonizio Rozen, “is that if the work interferes with a tenant’s ability to enjoy their home, it’s a violation [of the warranty of habitability]. And the tenant may be entitled to compensation.”

While a rent dispute between a unit-owner and subletter is not, strictly speaking, the condo board’s headache, the board and managing agent should try to ease the pain for all of the building’s residents. Management could place chairs on landings, space permitting, so residents can catch a breather as they climb the stairs. Space could be reserved on the ground floor to store strollers and shopping carts. And temporary staff could be hired to help residents carry bags up the stairs.

None of these steps will replace the elevator, but they’ll make the ordeal a bit more bearable for renters, shareholders and unit-owners alike.