Defective Staircase

LVT Number: 10460

DOB issued a violation notice to landlord for a defective staircase, stating that it was a hazardous building violation. Landlord argued that the condition wasn't hazardous, even though there was a half-inch gap between the stairs and the wall. The ALJ ruled against landlord and fined him $800. Landlord appealed and submitted for the first time an architect/engineer's opinion letter stating that the condition wasn't hazardous. ECB ruled against landlord. The inspector who issued the notice told the ALJ that the stairway could collapse if the stringers pulled away from the riser.

DOB issued a violation notice to landlord for a defective staircase, stating that it was a hazardous building violation. Landlord argued that the condition wasn't hazardous, even though there was a half-inch gap between the stairs and the wall. The ALJ ruled against landlord and fined him $800. Landlord appealed and submitted for the first time an architect/engineer's opinion letter stating that the condition wasn't hazardous. ECB ruled against landlord. The inspector who issued the notice told the ALJ that the stairway could collapse if the stringers pulled away from the riser. Landlord presented no proof to the contrary before the ALJ. Landlord couldn't raise new evidence on appeal.

City of New York v. Barr: ECB App. No. 20558 (10/25/95) [2-page document]

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