Landlord Not Liable for Maintaining Altered Chimney

DOB issued a violation notice to landlord for not maintaining the building's chimney in good working order. The notice stated that an eight-foot section of pipe was missing from the extension of a metal chimney that ran alongside and was attached to an adjacent building. Landlord claimed that the adjacent building's owner was responsible for maintaining the chimney extension. The ALJ ruled against landlord and fined her $800. Landlord appealed and won. Landlord pointed out that, by law, the adjacent building's landlord was responsible for maintaining the chimney extension it had installed.

Insogno: ECB App. No. 43540 (6/29/06) [3-pg. doc.]