Landlord Fined for Unsafe Elevator Condition

LVT Number: #22523

DOB issued a second violation notice to landlord for failing to maintain the building elevator in a safe condition, and filing a false correction certification. Landlord claimed that he relied on his contractor and believed the elevator had been fixed. The ALJ ruled against landlord and fined him $2,500. Landlord appealed and lost. The conditions resulting in the first violation notice had continued, and some of the elevator defects were self-evident. Landlord could have known they continued without relying on his contractor.

DOB issued a second violation notice to landlord for failing to maintain the building elevator in a safe condition, and filing a false correction certification. Landlord claimed that he relied on his contractor and believed the elevator had been fixed. The ALJ ruled against landlord and fined him $2,500. Landlord appealed and lost. The conditions resulting in the first violation notice had continued, and some of the elevator defects were self-evident. Landlord could have known they continued without relying on his contractor. Landlord made no claim that he had attempted to verify correction of the elevator conditions before filing the certification of correction.

Barhorin: ECB App. No. 48413 (1/21/10) [3-pg. doc.]

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