Landlord Liable for Wall Collapse

LVT Number: 13394

DOB issued a violation notice to landlord for not maintaining an outer building wall in a safe condition. A section of the brick foundation wall had collapsed in the cellar. Landlord claimed there had been a heavy rainfall and that it shouldn't be held responsible. The ALJ ruled for landlord, finding that it hadn't been given enough time to make repairs after the rainfall. DOB appealed, claiming that the collapse of the building wall indicated that the foundation had deteriorated over time and wasn't being properly maintained. ECB ruled for DOB and fined landlord $800.

DOB issued a violation notice to landlord for not maintaining an outer building wall in a safe condition. A section of the brick foundation wall had collapsed in the cellar. Landlord claimed there had been a heavy rainfall and that it shouldn't be held responsible. The ALJ ruled for landlord, finding that it hadn't been given enough time to make repairs after the rainfall. DOB appealed, claiming that the collapse of the building wall indicated that the foundation had deteriorated over time and wasn't being properly maintained. ECB ruled for DOB and fined landlord $800. Under the city's Administrative Code, landlord is responsible ''at all times'' for safe maintenance of the building.

Owner of 421 E. 12th St., Manhattan: ECB App. No. 32111 (4/28/99) [2-pg. doc.]

Downloads

32111.pdf148.6 KB