Landlord Can't Paint Fire Escapes Without Landmarks Preservation Commission Approval

LVT Number: #26521

DOB issued a violation notice to landlord for failure to maintain a block-long building because the building’s fire escapes were significantly rusted. At a hearing, landlord admitted the condition but denied that it failed to maintain the building. The building had 183 fire escape landings and was a landmarked building. Two months before the violation was issued, landlord applied to the Landmarks Preservation Commission for permission to scrape and paint the fire escapes. LPC responded seven weeks later and requested a site drawing identifying the location of each fire escape.

DOB issued a violation notice to landlord for failure to maintain a block-long building because the building’s fire escapes were significantly rusted. At a hearing, landlord admitted the condition but denied that it failed to maintain the building. The building had 183 fire escape landings and was a landmarked building. Two months before the violation was issued, landlord applied to the Landmarks Preservation Commission for permission to scrape and paint the fire escapes. LPC responded seven weeks later and requested a site drawing identifying the location of each fire escape. Landlord did so but at the time of the ECB hearing hadn’t received LPC approval to perform the work. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Landlord showed that it took steps to maintain the fire escapes at least two months before the violation was issued and could not proceed until it received LPC approval. 

 

 
Noonan Plaza LLC: ECB App. No. 1500673 (8/27/15) [3-pg. doc.]

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