Landlord Fined $12,500 for Falling Debris from Back Facade

LVT Number: #31466

The DOB issued a violation notice to landlord for failing to maintain building walls and appurtenances. DOB's inspector observed disrepair, deteriorated, loose facade bricks, holes, and falling masonry debris from the third floor of a six-story building to the parapet level in the entire length of exposure onto an adjacent building's rear yard. The inspector described this as an "aggravated" condition, and observed plaster stucco falling off the facade into the active seating area in the backyard below.

The DOB issued a violation notice to landlord for failing to maintain building walls and appurtenances. DOB's inspector observed disrepair, deteriorated, loose facade bricks, holes, and falling masonry debris from the third floor of a six-story building to the parapet level in the entire length of exposure onto an adjacent building's rear yard. The inspector described this as an "aggravated" condition, and observed plaster stucco falling off the facade into the active seating area in the backyard below. He also saw the parapet area bulging with loose bricks that he thought could collapse at any time. The DOB had issued a vacate order for the backyard area. Landlord denied any wrongdoing. The ALJ fined landlord $12,500. Landlord appealed and lost. Landlord claimed that the conditions found didn't rise to the level of an immediately hazardous violation. But the DOB inspector's testimony showed otherwise. The ALJ correctly imposed an aggravated penalty.

DOB v. 233 Realty Associates LLC: ECB App. No. 2001417 (2/11/21) [4-pg. doc.]

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