Landlord Complied with Order of Correction

LVT Number: 17206

DOB issued a violation notice to landlord for allowing a dangerous condition to exist at the building. There was a metal fence with spikes pointed toward the street and public walkway area. The ALJ ruled against landlord and fined her $400. Landlord appealed, claiming that she had corrected the condition. DOB argued that even if landlord corrected the condition, it was hazardous, and she must be fined. ECB ruled for landlord and revoked the fine. DOB didn't show that a prior order was issued to correct the condition. So the condition hadn't been ruled to be hazardous.

DOB issued a violation notice to landlord for allowing a dangerous condition to exist at the building. There was a metal fence with spikes pointed toward the street and public walkway area. The ALJ ruled against landlord and fined her $400. Landlord appealed, claiming that she had corrected the condition. DOB argued that even if landlord corrected the condition, it was hazardous, and she must be fined. ECB ruled for landlord and revoked the fine. DOB didn't show that a prior order was issued to correct the condition. So the condition hadn't been ruled to be hazardous.

Alexander: ECB App. No. 41336 (6/24/03) [2-pg. doc.]

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