Basement Makes Landlord's Building Seven Stories, Not Six

DOB issued a violation notice to landlord for failing to submit reports of periodic exterior wall inspection. Landlord claimed that the building had only six stories and therefore was exempt from this filing requirement. The ALJ ruled against landlord, finding that the building had seven stories. The ALJ fined landlord $3,500. Landlord appealed and lost. DOB's inspector submitted a statement and photographs showing that there were six floors and a basement floor. There was an entrance door to the basement level. More than one half of the basement's floor-to-ceiling height was above the sidewalk. DOB therefore showed that the building was more than six stories. As a result, landlord was subject to the exterior inspection report requirements.

Sutton: ECB App. Nos. 45718-45719 (6/28/07) [2-pg. doc.]