The Elevator Breakdown in My Building: Legal Implications and What You Can Do

The elevator in my apartment building has been broken for a month. The only other elevator is old and seems unsafe and is not wheelchair accessible. Is this legal, and what can I do about it?

This is not an uncommon occurrence. Old buildings often have old elevators, and sometimes even newer ones experience ongoing issues. In some cases, it may be the building owners' fault because they don't want to spend the money to fix it. In other instances, it could be a parts problem. Over 38 years in the elevator trade, I've found that a call to the local news channels can often push building owners to take action. However, another option is to exercise your tenant rights and navigate the legal system.

Legal Implications

Building code regulations are in place to ensure the safety of residents, including access to elevators for those with mobility issues. In many areas, there are city agencies or departments responsible for inspecting unsafe housing. For example, in London, there might be a city agency that inspects unsafe housing. If not, you can contact the local police station for information on how to proceed.

What You Can Do

Contact the Local Building Department

One of the first steps you should take is to contact your local building department. They have inspectors who enforce the building code. If your elevator is not functioning properly and creating a safety hazard, the building department can help you address the issue. Make sure to document any safety risks and provide information about the non-functional elevator to the department.

Engage Your Tenants' Association

Many apartment buildings have tenant associations. Engaging these groups can help you coordinate a response and possibly gain additional leverage. Tenant associations can also provide legal advice and support. If the building owners are unresponsive, the association can bring collective pressure to bear.

File a Complaint

Not all building owners or landlords are responsive to verbal inquiries or polite requests. In such cases, filing a formal complaint with the local housing authority or other relevant bodies can be effective. Make sure to gather all relevant documentation and keep detailed records of any communication with the building owners.

Legal Action

As a last resort, you might consider seeking legal advice. A lawyer specializing in tenant rights can help you navigate the legal system and may be able to help you take more drastic action if necessary. In some cases, legal action can compel building owners to address these issues.

Building Owners' Responsibilities

Building owners are responsible for maintaining the safety and functionality of all building systems, including elevators. If they do not, they can face penalties and fines from local authorities. Additionally, they may be held liable for any injuries or incidents that occur due to a non-functioning elevator.

If the elevator in your building is not functioning properly and is causing a safety hazard, you have the right to take action. By understanding your tenant rights, engaging local authorities, and possibly even seeking legal advice, you can help ensure that the building environment is safe for all residents.

Conclusion

While living without a functioning elevator may not be ideal, it is not something you need to tolerate indefinitely. By advocating for yourself and following the appropriate steps, you can help ensure that your living environment remains safe and compliant with the relevant building codes.

Further Reading

Understanding Tenant Rights in Your Area Building Code Regulations and Safety Standards How to Engage Your Tenant Association

By taking these steps, you can help hold building owners accountable and ensure that your living environment is safe and meet the necessary standards.