Your Rights When Elevators Fail in New York Rentals

Accessibility & Disability Accommodations New York published: June 21, 2025 Flag of New York

Living in a high-rise building in New York comes with the expectation of reliable elevator service, especially for renters with mobility challenges. If an elevator breaks down, you may face serious hardship getting to work, medical appointments, or even leaving your apartment. This guide covers your rights and options when elevator outages disrupt daily life in New York, focusing on accessibility, tenant protections, and the official processes available to renters.

Understanding Your Right to Accessible Housing

All New York tenants have the right to a safe and habitable home under the state’s Warranty of Habitability (Real Property Law § 235-b).[1] This requires landlords to keep buildings and facilities, like elevators, in good repair. For renters with disabilities, this is reinforced by the federal Fair Housing Act and New York’s Human Rights Law, which prohibit discrimination and ensure housing accessibility.[2]

  • Landlords must maintain elevators in a safe, working condition.
  • If you cannot access your apartment, the landlord may owe you an accommodation or relocation.
  • Failure to repair elevators may constitute a violation of your legal rights, especially if it affects health, safety, or mobility.

What Should Renters Do When Elevators Are Out?

Problems with elevator service should be reported to your landlord or property manager as soon as possible. If the issue is not resolved quickly, there are formal steps you can take to advocate for yourself. Below is a summary of practical steps and official forms that may be involved.

Step 1: Notify Your Landlord in Writing

Document the outage and let your landlord or managing agent know immediately. Keep copies of all correspondence. This creates a record and is often a requirement if you want to take further action.

Step 2: File a Housing Maintenance Complaint

In New York City, tenants can file a formal complaint with the Department of Housing Preservation and Development (HPD) using the Online Housing Maintenance Complaint system. For urgent issues (like elevator outages affecting accessibility), call 311 to report directly.

  • Form Name: Housing Maintenance Complaint (No official numbered form; online or by phone)
  • When Used: When repairs, like elevator service, are not completed in a reasonable time after reporting to the landlord.
  • Example: A renter with limited mobility calls 311 after three days without a working elevator to file an official complaint with HPD.

HPD inspectors may visit and can issue a violation, requiring the landlord to fix the issue promptly.

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Step 3: Request Reasonable Accommodation

If you have a disability that makes elevator access essential, you can formally request a "reasonable accommodation" under the New York State Human Rights Law or Fair Housing Act.

  • Form Name: New York State Division of Human Rights – Housing Intake Form
  • When Used: If your landlord does not address an elevator outage that prevents access, and you need a reasonable accommodation (like temporary relocation).
  • Link: NY Division of Human Rights Housing Intake Form
  • Example: A wheelchair user submits this form when her repeated requests for timely elevator repair and alternative housing options go unanswered.

Step 4: Withholding Rent or Seeking a Rent Reduction

If the elevator remains out for an extended period, tenants may have the right to a partial rent reduction, especially if their home is not fully usable.[3]
Renters can raise this as a defense if taken to housing court. However, always seek legal advice and document everything.

Step 5: Bringing the Issue to the Housing Court

If the landlord does not make repairs, tenants can initiate an action for repairs in housing court:

  • Form Name: HP Proceeding Application ("Order to Correct Housing Code Violations")
  • When Used: When complaints to HPD have not resolved the issue and the elevator remains out of order.
  • Link: HP Proceeding Application Form
  • Example: Several tenants file this application together to ask the court to order elevator repairs.

The New York City Housing Court (handling residential tenancy disputes) will review the application and may order repairs or provide other remedies.

If you rely on the elevator for disability access, state this clearly in all complaints and requests. This may speed up official action and give you extra protections under local, state, and federal law.

Frequently Asked Questions

  1. What if I can’t get to my apartment due to an elevator outage?
    Landlords in New York must provide reasonable access to your apartment. For renters with disabilities, failure to do so could be a legal violation. You may be entitled to alternative accommodations, rent reduction, or help relocating while the elevator is out.
  2. Can I withhold rent during a prolonged elevator outage?
    Possibly, but you should proceed cautiously. Withholding rent without legal advice may risk eviction. It’s best to document all communications and complaints and seek guidance from tenant advocacy resources or legal services before taking this step.
  3. How long does a landlord have to fix the elevator?
    There is no set number of days in state law, but repairs must be made in a "reasonable time." For elevators, this usually means as soon as possible, especially where health or safety or accessibility is affected. If repairs drag on, file a complaint with HPD or seek help from housing court.
  4. Which government body handles complaints about elevator repairs in New York high-rises?
    In New York City, HPD (Department of Housing Preservation and Development) investigates maintenance complaints. The New York City Housing Court handles legal actions for repairs or rent reductions.
  5. Is there a special form for renters with disabilities?
    If disability access is affected, you should complete the NY Division of Human Rights Housing Intake Form to request a reasonable accommodation or file a discrimination complaint.

Key Takeaways for Renters

  • Elevator outages in New York rentals are a serious habitability and accessibility issue. Landlords must act promptly.
  • Official complaints can be filed with HPD (311 or online), the Division of Human Rights, or directly in Housing Court.
  • Always document every step: report to your landlord, save written notices, and keep copies of all forms you submit.

If elevator outages seriously disrupt your life, know that strong legal protections exist, especially for renters with disabilities. Use official forms and city or state resources to protect your rights and seek repairs or accommodations.

Need Help? Resources for Renters

  1. New York Real Property Law § 235-b (Warranty of Habitability)
  2. New York State Human Rights Law; Fair Housing Act
  3. NYC Housing Court: Frequently Asked Questions

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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