Flue in Existence When Landlord Bought Building

LVT Number: 11776

DOB issued a violation notice to landlord for performing work without a permit. Landlord denied doing so, but the ALJ found that the work permit and the C of O submitted by landlord weren't relevant. The ALJ fined landlord $800. Landlord appealed, claiming that the exhaust system supposedly put up without a permit was a flue that was in the building when the owner submitted its C of O application to DOB in 1992. The C of O was issued in 1994. ECB ruled for landlord and revoked the fine.

DOB issued a violation notice to landlord for performing work without a permit. Landlord denied doing so, but the ALJ found that the work permit and the C of O submitted by landlord weren't relevant. The ALJ fined landlord $800. Landlord appealed, claiming that the exhaust system supposedly put up without a permit was a flue that was in the building when the owner submitted its C of O application to DOB in 1992. The C of O was issued in 1994. ECB ruled for landlord and revoked the fine. Although the flue hadn't been legalized on the date of the violation, DOB didn't prove that the flue was recently constructed without its authorization.

110 West 14th Realty Co.: ECB Appeal No. 22538 (1/22/97) [2-page document]

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