Landlord Didn't Protect Adjoining Building's Windows During Construction

DOB issued a violation notice to landlord for failing to provide window protection for an adjoining building during exterior construction work at its building. Landlord argued that, since her building was a two-family house, this requirement didn't apply. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. Building Code Section 3309.14 doesn't contain an exception based on the number of stories of the premises under construction. The exception relates to the number of families of the premises under construction. And landlord provided no proof to support its claim that its building was a two-family house. Landlord was fined $2,500.

DOB v. Elliott Development Corp.: ECB App. No. 2000604 (7/16/20) [3-pg. doc.]