Landlord Didn't Maintain Apartment Archway

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. An inspection showed that landlord didn't maintain an archway in tenant's apartment, causing a ceiling beam to sag. Landlord claimed that she wasn't responsible because tenant caused the condition by removing a load-bearing wall and wouldn't permit access to correct the condition. The ALJ ruled against landlord and fined her $800. Landlord appealed and lost. Landlord knew about the wall removal in 1981 but didn't investigate further until 1992, when she was notified that the beam was sagging. There were also other more expensive ways to prevent the roof beam from sagging, aside from replacement of tenant's wall. Ultimately, landlord was responsible for maintaining the building in a safe condition.

Weiner: ECB App. No. 21564 (6/26/96) [3-page document]