Electrical Wire Connected to Gas Pipe in Tenant's Apartment

DOB issued a violation notice to landlord based on illegal electrical conditions found in the building. DOB's inspection said that an electrical wire was connected from a bathroom light fixture in Apartment No. 5 to a leaking gas pipe in the bathroom. Landlord argued that there was no Apartment No. "5" in the building. The four-floor building had two apartments on each floor, numbered 1F and 1R, 2F and 2R, 3F and 3R, and 4F and 4R. The ALJ ruled for landlord and dismissed the complaint.

DOB appealed and won. DOB had provided landlord with adequate notice of conditions found at the building. Landlord had submitted DHCR rent registration statements as proof that there was no Apartment "5." But Apartment "3R" was identified in those records as the apartment of the same tenant who had complained about the condition. The fact that DOB's inspector misidentified the apartment number was a harmless error, especially given the small number of apartments in the building. Landlord hadn't disputed that there was an electrical wire connected to a gas pipe in a third-floor apartment.

341 Realty LLC: ECB App. No. 1400151 (4/24/14) [4-pg. doc.]