Exhaust Vent Too Close to Window

LVT Number: #24031

DOB issued a violation notice to landlord for failing to maintain a building in a code-compliant manner. Two exhaust vents at the building were located four feet from a window in the next-door building. By law, an exhaust vent must be at least 10 feet from any window. Landlord argued that the exhaust vent existed before he owned the building. The ALJ ruled against landlord and fined her $800. Landlord appealed and lost. Landlord now claimed that the vent was more than 12 feet from the window next door.

DOB issued a violation notice to landlord for failing to maintain a building in a code-compliant manner. Two exhaust vents at the building were located four feet from a window in the next-door building. By law, an exhaust vent must be at least 10 feet from any window. Landlord argued that the exhaust vent existed before he owned the building. The ALJ ruled against landlord and fined her $800. Landlord appealed and lost. Landlord now claimed that the vent was more than 12 feet from the window next door. But landlord didn't raise this previously and presented insufficient proof of this claim.

Garofalo: ECB App. No. 1100878 (1/26/12) [3-pg. doc.]

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