As part of my empty nest transition, I’m currently sharing an apartment with a dear friend on the fourth floor of a five story apartment building. The building has two elevators. After I moved in, I learned one hadn’t worked in at least five years.
On January 3rd, due to damage to the generator during a snowstorm, the one working elevator stopped, so now there is no elevator (not even a freight) in the building. I am neither young nor fit, and even with resting at every landing, by the time I get to the fourth floor, I feel like I’m about to keel over. It has affected everything I do. Grocery shopping depends on what I can carry, not what I need. I plan my life around only having to make the climb once a day, if at all.
It took me two weeks to get a call back from the property manager, and she would not estimate how long the repair will take. She said the part is in the shop, their vendor is deciding if it can be rebuilt, and it is expensive. I got no sense of urgency whatsoever about the repair. I’ve asked for a face-to-face meeting and she has said she is unavailable any time I suggest.
I have medical conditions that qualify me under ADA; I realize ADA does not apply to private dwellings. However, there are two laundry rooms in the building, on the third and fifth floors. I’m hoping that lack of access to these common areas will bring the situation under ADA, but I’m not sure what good that will do. I contacted an attorney this week, and will meet with her next Friday.
Thanks for reading, sorry it was long. Any advice would be welcome.
I’m not a landlord but here’s my advice: Contact your city or state building inspection division. A functioning elevator might be required by ordinance or state law.
The ADA most certainly applies to rental housing. I’m not sure, but I would assume that one elevator would be deemed sufficient and that an owner would be given a reasonable time to make repairs before legal consequences would arise. I would also expect that a reasonable landlord (not an oxymoron) would give fair consideration to any mitigation proposal you might offer. Good luck!
I asked for a rent adjustment when I spoke to the property manager, thinking I could start saving for a move. She said she couldn’t discuss an adjustment until the elevator was fixed, “otherwise we could be looking at a black hole of adjustment.” How’s that for a positive comment?
And although it may come to moving out, that would screw over my friend, who, at least so far, isn’t as stressed out as I am about the situation (much younger and fitter than I). But how do you move out of a fourth floor apartment with no elevator? I just moved here in September, and thinking about packing and carrying and trying to get things through the stairwell makes me almost as crazy as the thought that these stairs could literally be the death of me.
I’m not sure, but it I’m afraid it could take months to get the attention of anyone in city inspections; hoping the lawyer will know about that.
Call a local news station and see if they are interested in coverage.
Stories like this hit our news nightly. You moved in expecting an elevator.
You would not have moved in without one.
Also, if you medical needs are documentable by your physician it might be helpful.
Do be sure you have talked with your roommate before acting as there could be repercussions.
I would also stop by my local fire dept and talk with them. When we had issues about our narrow
lane being blocked I talked with our closest fire dept. They clarified what they would do in the case of an emergency (push the blocking vehicle out of the way). In this case it took a few years before
our HOA declared no parking overnight on the lanes but it was the fire dept getting involved that
helped cause the change. I would want to know if they felt there is any issues in case of an
emergency.
Are there any vacant (or soon to be vacant) apartments on the first or the second floor of your building? Can the manager allow you and your friend to move over there? Is there any on-site superintendent / maintenance staff who could help with the move (upon a request of the property manager)?
Also, many rental buildings and/or management companies have websites, and they are very concerned about bad publicity. Tell the manager you will post reviews about this building on rent.com. apartments.com, google etc - this may get her attention.
The fire department is aware. Whatever happened during the snowstorm set off the fire alarm. We were huddled in the unheated lobby that morning until the firemen figured out what happened.
I will try the news media. And the online reviews is a good idea…hadn’t thought of that.
I think my ideal outcome from the lawyer is to have justification to put my rent in escrow until the repair. And maybe ask my neighbors to join me, if the lawyer okays that. Money is the only thing that will get their attention, I believe.
I would call your city housing department to find out what a landlord is required to provide. I wouldn’t file a complaint until you have your initial discussion with your management agent. If the landlord is required to provide workable elevator and needs to repair an elevator by certain time, I would then email the management agent and cite those requirements. In the email I would also list few options that would be acceptable to you. One of those options may be moving you to a lower floor apartment, another may be providing you with housing where there is easy access (hotel, temporary housing) until the elevator is fixed. I would tell them that you have medical condition which makes it hard for you to climb 4 flights of Let them know you would file a complaint with the city if this matter isn’t resolved asap.
I think you can do this by yourself. When I had a problem with my ex-employer last year over my final pay, I called my state’s agency myself, found out my rights and informed my ex-employer.
This was an act of god – snowstorm – that caused the problem. Not really anyone’s fault. I suspect this is an older building with an older elevator. It’s not like they can run down to autozone and pick up a part. Sounds like they need to recreate it, which can take some time. And they probably assume people should be able to handle five stories until it’s fixed. So you need to describe your circumstances in a reasonable way without anyone getting defensive.
You will get a better response by being nice. See if they are interested in an accommodation on a lower floor or perhaps helping with a hotel or something.
If after awhile you don’t get the thing fixed, then sure call the news. But be prepared. Good luck.
Does your state have a tenant advocacy group? Search online, they may be helpful.
I’d try again on the rent adjustment. Explain that you agreed to the rent and signed the lease for a building with a working elevator. So the rent is too high for what you are getting now. Maybe say that you can understand a couple weeks of outage, but now that it has stretched through all of January you want a rent reduction starting with February and remaining in place until they fix it, or permanently if they don’t. Tell her specifically what reduction you want.
I lived in a building where the 1 elevator would go out (water kept getting into the bottom of the shaft). But the outage was never more than a few days.
@yourmomma Honestly, I did start out nice, but it’s getting me nowhere. No rent adjustment because it could last too long? No information from the property management company at all until my third report on the elevator issue (we have an online entry portal) and that was to tell me to stop entering it, the portal was for apartment issues. (And they marked my reports “Work completed”!)
Also, the other elevator hasn’t been repaired in 5 years—why?
There is only one maintenance person. I’ve talked to him, and he didn’t know what was being done about the elevator. In fact, he’s thinking of quitting because he’s tired of carrying the trash from every floor down the stairs.
I told the property manager about my condition when I spoke to her. Her response was that she “had a lung condition and sometimes had to walk up flights of stairs in my job.”
If she responds to my request for a meeting (it’s been 3 days with no response since I last asked), I can be more specific about a rent adjustment. I think 10% a week for every week in the month with no elevator is what I’ll ask.
But really, I cannot handle that climb at any price. I can’t stay and I can’t get out. I’m feeling trapped and frantic.
Before the media, I’d dog the local authorities. Don’t assume the media will report on your issue pronto or even at all, if they find something else more urgent.
Don’t assume it’ll take months to get through to your local authorities. And reread the lease. Many have clauses that they’re not liable for issues beyond their control.
If you take the right steps, find the right regulations, etc, maybe the right city advocate, then you can follow the rules for breaking the lease on your own. Done right, a court wouldn’t hold you responsible for unpaid rents, might even make the landlord pay your moving charges.
But you have to follow process.
And, a discount on ren’t doesn’t solve your problem with the stairs.
Good luck.
If you cannot walk the stairs you should NOT keep offering discounted rent as a solution. Make sure your friend agrees with you about your actions.
You should tell them you need them to help you promptly move to an appropriate 1st or 2nd floor apartment and/or pay for your movers.
I agree with contacting the media—local news, legal aid, local disability rights, etc.
Separately, I’d also go in for a complete physical to figure out all the health issues which are making stair climbing so difficult for you and which of these can be treated and get appropriate treatment for your own health. While climbing stairs is tiring it should not be disabling for a healthy person, even someone older and who is not that physically fit. If there is nothing you can do your healthcare provider will tell you that as well.
Research the elevator codes in your city and state. Mine requires that any apartment building more than 3 floors have a working elevator. Elevators must also be inspected at least once a year. Write down any code numbers that apply to your situation.
Contact your city, county or state building inspector (which ever applies) and inform them of the non working elevators.
Research and find the owner of the building. The library or city may be of help there. Once you have the owner and the address, send a letter stating the fact that one elevator hasn’t worked in at least a year and that the second one has been broke since xx date. City (county, state) code, insert code number(s) requires that any apartment building above xx floors have a working elevator. Make a copy of the letter for your new file. Mail the letter, registered, signature required, return receipt requested. This way if anything should end up in court, you have a copy of the letter sent and the receipt as proof that the letter was received. Put the receipt in your new letter file.
Call your regional office of the ADA (I’m in the Great Lakes region) and talk to them. They were very nice when I called several years ago. Ask for guidance in this situation. They will offer to let you file a formal complaint with them, but by the time it goes through the federal courts, it can take years.
Once you know who the building owner is, or if it is owned under a corporation, let google be your best friend. Google and see if there has been complaints in the past or legal action in the past against him/them. You’d be surprised what you can learn and if this looks like a one time oops (owner might not know about the situation) or if this is a owner gets a lot of complaints situation.
OMG, let’s start with contacting Jerf Sessions! NOT REALLY. Start with a letter to LL documenting the issue and the first time you reported the breakdown. In the letter express that a working elevator was there when you first took the unit and that you want and need one now. Keep a copy for yourself.
I think the advice for additional steps is good because sending a letter to the landlord will accomplish nothing if the landlord decides to do nothing.
Some of this advice is inappropriate. You have to decide what your goal is. It sounds as if you really don’t want the rent reduction, nor will it solve your problem. You need the elevator. You also need to know if your Lease mentions the elevators at all, and what that language is. You may have waived the right to complain about this. I don’t know, not seeing the Lease. At any rate, assuming you have not:
Write a demand letter to the landlord that is factual. Leave emotion out of it.
State that you have resided in the residence since (date), upon the promise of a working elevator, which was a primary consideration in your selection of this property. Indeed, with your medical conditions, a working elevator was a necessity, and since this building had two elevators, it was unlikely that there would be a difficulty.
Upon taking up residence, you discovered that the (identify it ) elevator has not worked in 5 years. And the (one you used) elevator stopped working. Since (date) the elevator has not worked at all. On (date), you contacted (rep for landlord) to inquire when this problem will be resolved, and were met with indefinite assertions and disinterest. You require an operating elevator at their earliest convenience, as indicated. Alternatively, you would consider a move to the first floor at the same cost, if anything is available.
You prefer to simply resolve this with the landlord amicably and request that the elevator be repaired and in good working condition by (say 10 days). Thank you for you prompt attention to this matter.
You should talk to your roommate because the two of you might be asked to leave under some bogus (we need to renovate) situation. Have a back up plan.
Only if failure to deal directly with the Landlord persists should you even think of ramping it up to contacting the media or leaving negative reviews. My next step would be a consumer reporter who deals with this kind of stuff. Those people are pitbulls and might light a fire under the landlord. Good luck.