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If, upon re-inspection of an immediately hazardous violation relating to an elevator that services one or more dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition constituting such violation, then the commissioner shall refer such violation, within one week of such re-inspection, to the commissioner of housing preservation and development for a determination as to whether such violation is dangerous to human life and safety or detrimental to health pursuant to section 27-2125 of the New York city housing maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable elevator, the department shall include such information and any other relevant information in such referral. The department may continue enforcement action against the owner of the multiple dwelling after referral of such violation to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the department shall notify the commissioner of housing preservation and development of such efforts. The department shall notify an owner of the referral of any such violation to the commissioner of housing preservation and development for action under this section.
Exceptions:
  1. Elevators located in owner-occupied multiple dwellings that service only the owner-occupied dwelling unit provided that such unit is not occupied by boarders, roomers, or lodgers.
  2. Elevators located within convents and rectories that are not open to non-occupants on a regular basis.
*Section 28-219.4 was added by Local Law 101 of 2015. This law has an effective date of July 1, 2016.

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