Landlord Not Responsible for Contractor's Failure to Post Sign

LVT Number: #20829

DOB issued a violation notice to landlord for failing to post a permit holder's sign on a sidewalk shed during work at the building. Landlord claimed that it wasn't responsible for its contractor's failure to post the sign. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that since the contractor put up the sidewalk shed for landlord's benefit, landlord was the permit holder required to post the sign under Code Section 26-252. ECB ruled against DOB. Respondent's contractor was the permit holder and was solely responsible for failing to post the sign.

DOB issued a violation notice to landlord for failing to post a permit holder's sign on a sidewalk shed during work at the building. Landlord claimed that it wasn't responsible for its contractor's failure to post the sign. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that since the contractor put up the sidewalk shed for landlord's benefit, landlord was the permit holder required to post the sign under Code Section 26-252. ECB ruled against DOB. Respondent's contractor was the permit holder and was solely responsible for failing to post the sign.

Broadway 56 St. Assoc.: ECB App. No. 44070 (8/14/08) [2-pg. doc.]

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