Building Facade in Unsafe Condition

LVT Number: #23234

DOB issued a violation notice to landlord based on a hazardous condition in the exterior building wall. DOB's inspector noted loose bricks and bulging stucco that appeared unstable and in danger of collapsing. Landlord acknowledged the condition, but claimed that it was impossible to cure. In order to make repairs, landlord had obtained a court order in 2009 to gain access to a neighbor's property. But after making some repairs, the neighbor again barred access. The ALJ ruled against landlord and fined it $1,000. Landlord appealed and lost.

DOB issued a violation notice to landlord based on a hazardous condition in the exterior building wall. DOB's inspector noted loose bricks and bulging stucco that appeared unstable and in danger of collapsing. Landlord acknowledged the condition, but claimed that it was impossible to cure. In order to make repairs, landlord had obtained a court order in 2009 to gain access to a neighbor's property. But after making some repairs, the neighbor again barred access. The ALJ ruled against landlord and fined it $1,000. Landlord appealed and lost. Landlord didn't offer sufficient credible proof to explain why it couldn't finish the work during the four-month period in question after it got the court order against the neighbor. Landlord was responsible for maintaining the building in a safe condition at all times.

West Bridge Associates LP: ECB App. No. 1000648 (1/20/11) [3-pg. doc.]

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