Landlord Fined for Cracks in Apartment Walls

LVT Number: #25734

DOB issued a violation notice to landlord for failure to maintain a building, based on cracks found in the concrete masonry wall between an apartment's living room and bedroom, as well as small cracks at the skylight in the living room. Landlord claimed that it had problems obtaining access from tenant to make repairs. It was forced to start an eviction proceeding against tenant to get access. Landlord also argued that tenant had never reported the conditions, so landlord had no knowledge of them.

DOB issued a violation notice to landlord for failure to maintain a building, based on cracks found in the concrete masonry wall between an apartment's living room and bedroom, as well as small cracks at the skylight in the living room. Landlord claimed that it had problems obtaining access from tenant to make repairs. It was forced to start an eviction proceeding against tenant to get access. Landlord also argued that tenant had never reported the conditions, so landlord had no knowledge of them. The ALJ ruled against landlord and imposed increased penalties of $2,500 for a recurring violation. Landlord appealed and lost. Landlord is responsible for conditions on the building. And landlord had obtained a court stipulation for access prior to the violation date.

219 East 25 Realty: ECB App. No. 1400487 (7/31/14) [1-pg. doc.]

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