HUD-Foreclosed Building Exempt from Fire Department Rules

LVT Number: #22015

The Fire Department issued a violation notice to landlord for failing to provide a certificate of approval of installation or alteration of the building's oil-burning system. Landlord, an agent of HUD, had acquired the building through foreclosure. Landlord claimed that it was exempt from Fire Department rules. The ALJ ruled against landlord and fined it $1,500. Landlord appealed and won. ECB found that federal regulations don't require all HUD housing to adhere to state and local building and maintenance codes.

The Fire Department issued a violation notice to landlord for failing to provide a certificate of approval of installation or alteration of the building's oil-burning system. Landlord, an agent of HUD, had acquired the building through foreclosure. Landlord claimed that it was exempt from Fire Department rules. The ALJ ruled against landlord and fined it $1,500. Landlord appealed and won. ECB found that federal regulations don't require all HUD housing to adhere to state and local building and maintenance codes. HUD has broad authority over buildings acquired through foreclosure, including the power to sell the building "as is."

National Housing Group, Inc.: ECB App. No. 43972 (5/7/09) [3-pg. doc.]

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