Landlord Fined for Terrace Wall Cracks and Window Disrepair

LVT Number: #30408

DOB issued a violation notice to landlord for failing to maintain a building in a safe condition, after its inspector found cracks in an exterior terrace wall, disrepair around the window, and framing that appeared to make an impression through the drywall in an apartment living room area. Landlord claimed that she'd been trying to correct the violation but that the third-floor tenant refused access. The ALJ allowed landlord to reduce the Class 1 designation of the charge to Class 2 since photographs didn't show an immediately hazardous condition.

DOB issued a violation notice to landlord for failing to maintain a building in a safe condition, after its inspector found cracks in an exterior terrace wall, disrepair around the window, and framing that appeared to make an impression through the drywall in an apartment living room area. Landlord claimed that she'd been trying to correct the violation but that the third-floor tenant refused access. The ALJ allowed landlord to reduce the Class 1 designation of the charge to Class 2 since photographs didn't show an immediately hazardous condition. But the ALJ otherwise upheld the violation since eviction proceedings commenced against tenant after the violation was issued didn't refute the charge, and fined landlord $625. Landlord appealed and lost. Landlord didn't dispute the condition found by DOB. 

DOB v. Hoyes: ECB App. No. 1901239 (9/26/19) [1-pg. doc.]

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