Cracks in Building Wall

LVT Number: 16973

DOB issued a violation notice to landlord for a hazardous condition. The inspector found large cracks in the west exterior wall, extending from cellar to roof. Landlord claimed that the cracks appeared overnight as a result of work at the building next door. She said she had taken steps to correct the condition before getting the violation notice. The ALJ ruled against landlord and fined her $800. Landlord appealed. She said that she couldn't do repair work until DOB issued a work permit. ECB ruled against landlord.

DOB issued a violation notice to landlord for a hazardous condition. The inspector found large cracks in the west exterior wall, extending from cellar to roof. Landlord claimed that the cracks appeared overnight as a result of work at the building next door. She said she had taken steps to correct the condition before getting the violation notice. The ALJ ruled against landlord and fined her $800. Landlord appealed. She said that she couldn't do repair work until DOB issued a work permit. ECB ruled against landlord. Even if landlord didn't cause the condition, she was responsible for maintaining the building in a safe condition. And landlord didn't apply for the work permit until four months after discovering the cracks.

51 United Corp.: ECB App. No. 41345 (10/28/03) [3-pg. doc.]

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