Landlord Fined for Filing False Elevator Certification

LVT Number: #23501

DOB issued a violation notice to landlord for filing a false certification of correction of elevator violations. Landlord claimed that he wasn't responsible. The violations were removed by an elevator repair company that he hired, and the company filed the certificate of correction. The ALJ ruled against landlord and fined him $4,800. Landlord appealed and lost. Landlord signed off on the certification form with a sworn statement that violations had been cured. Landlord knew or should have known that the statements were false.

DOB issued a violation notice to landlord for filing a false certification of correction of elevator violations. Landlord claimed that he wasn't responsible. The violations were removed by an elevator repair company that he hired, and the company filed the certificate of correction. The ALJ ruled against landlord and fined him $4,800. Landlord appealed and lost. Landlord signed off on the certification form with a sworn statement that violations had been cured. Landlord knew or should have known that the statements were false. One of the conditions was an inoperative indicator in the outside hoistway of the elevator. This indicator alerts owners and operators of a potential elevator problem and is readily available for inspection by lay persons. So ECB found that landlord made a material false statement on the certification of correction.

Parkash: ECB App. No. 1100251 (7/21/11) [3-pg. doc.]

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