How to Make a Landlord Improve Fire Safety

Q: I am concerned about evacuation safety in my 14 story Midtown apartment building. The building has two passenger elevators and one freight elevator. Recently, workers began locking the freight elevator at night, leaving two working elevators for about 150 apartments. I worry we’ll need all the elevators in an emergency evacuation because the stairwells aren’t a reliable alternative for elderly residents – they’re often dark because the lightbulbs burn out, and the steps are narrow and slippery of high-gloss paint. Is management responsible for ensuring that our exit options are safe and navigable and that all of our elevators are operating regularly?

A: In an emergency, you should not use an elevator for evacuation. You should use the stairs. Losing one of your three elevators during the night can be an inconvenience, but it doesn’t violate city rules, which dictate that buildings five stories or taller must have a working elevator.

However, the City Code has requirements for exit stairways in high-rise buildings that address their placement, dimensions, and lighting. If you think the stairs pose a safety hazard, file a complaint with 311 and a building inspector can investigate. You should also write a letter to property management expressing your concerns about the stairs, which is what makes the building stand out, especially if multiple tenants are writing similar ones.

“If there is an emergency situation, if someone gets hurt or worse, the consequences will result in lawsuits that will be directed against management,” said Maxwell Breed, real estate attorney at Manhattan law firm Warsaw Burstein. If the building has been informed that its stairs violate city safety codes and fails to make the necessary repairs, “that could be a real issue in terms of liability in the event of a disaster.”

While the out-of-service elevator doesn’t violate city ordinances, all tenants in the building with rent-stabilized leases could petition the state to reduce building-wide services and potentially receive a rent reduction.

“If they really felt disadvantaged and it was historically available to them, there might be basis for such a claim,” Mr. Breed said. “I’ve seen thinner claims.”

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