FDNY Fined Landlord $900 for Failing to Maintain Fire Exit Door

LVT Number: #32105

The Fire Department issued four violation notices to landlord. One of the violations stated that landlord failed to maintain a fire exit door in proper condition at a second-floor staircase. At a hearing, landlord denied this condition. The ALJ ruled for landlord and dismissed that violation based on a finding that the FDNY failed to describe how the fire exit door wasn't maintained in a proper condition.

The Fire Department issued four violation notices to landlord. One of the violations stated that landlord failed to maintain a fire exit door in proper condition at a second-floor staircase. At a hearing, landlord denied this condition. The ALJ ruled for landlord and dismissed that violation based on a finding that the FDNY failed to describe how the fire exit door wasn't maintained in a proper condition.

The FDNY appealed and won. The violation notice sufficiently claimed that landlord failed to maintain a fire exit door in proper condition. Supplemental information supplied later described which exit door the inspector observed and cited Fire Code Section 703.2, which stated that fire doors must be maintained in good working order, and fire doors and smoke barrier doors must not be blocked or obstructed or otherwise made inoperable. This information sufficiently informed landlord what the essential facts were behind the violation. And landlord claimed no confusion as to the nature of the violating condition at the time of the hearing. Landlord was fined $900.

FDNY v. 345 E. 37 St. Property Own, LLC: ECB App. No. 2200305 (5/26/22)[2-pg. document]

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