Elevator Violation Was Premature

DOB issued a violation notice to landlord for failing to maintain the building's elevator based on her failure to provide access for DOB to perform a periodic inspection of the elevator as required by Code Section 28-304.6. DOB claimed that landlord failed to provide access after 11 prior attempts and notices requesting access. Landlord stated that she became the building owner in 2005 and never saw any posted notices. Landlord also showed that she sold the building on Oct. 16, 2012, and was no longer responsible for any DOB violations. She argued that the elevator inspection was up to date at the time she sold the building, having been last inspected in 2011. The ALJ ruled against landlord and fined her $500.

Landlord appealed and won. The fact that landlord had sold the building shortly after the violation notice date didn't excuse her from responsibility. But the Code provisions for periodic elevator inspection called for one inspection between Jan. 1 and Dec. 31 each year.  Since landlord had until Dec. 31, 2012, to have the elevator inspection and test conducted, it was premature for DOB to issue a violation notice on Oct. 3, 2012. The violation was dismissed and the fine revoked.

Cassa: ECB App. No. 1300181 (5/30/13) [4-pg. doc.]