Landlord Fined $500 for Long-Standing Unauthorized Curb Cut

LVT Number: #30794

DOB issued a violation notice to landlord for failing to maintain a building in a code-compliant manner. DOB's inspector found there was a curb cut in front of the building with no permit on file. Landlord argued that the curb cut had been there for 40 years and existed prior to its purchase of the property. The ALJ ruled against landlord and fined it $500. Landlord appealed and lost. Although pre-existence of the curb cut would have been a defense to the violation, landlord presented no proof of that at the hearing.

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DOB v. 2 Elton LLC: ECB App. No. 2000189 (3/5/20) [2-pg. doc.]