Landlord Fined for Unsealed and Improperly Vented Flue Pipes

LVT Number: #27305

DOB issued two violation notices to landlord based on a flue pipe that wasn’t sealed to damp flames and because the hot water heater flue pipe wasn’t vented into the chimney. Landlord denied the charges but said it was in the process of correcting the conditions. The ALJ fined landlord $2,000. Landlord appealed and lost. Landlord claimed for the first time that the two violations duplicated each other. ECB found that it wouldn’t consider an argument not raised before the ALJ and, even if it did, the conditions cited were different from each other.

 

DOB issued two violation notices to landlord based on a flue pipe that wasn’t sealed to damp flames and because the hot water heater flue pipe wasn’t vented into the chimney. Landlord denied the charges but said it was in the process of correcting the conditions. The ALJ fined landlord $2,000. Landlord appealed and lost. Landlord claimed for the first time that the two violations duplicated each other. ECB found that it wouldn’t consider an argument not raised before the ALJ and, even if it did, the conditions cited were different from each other.

 

 

Galaxy Improvement Corp.: ECB App. No. 1600710 (8/25/16) [1-pg. doc.]

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