Landlord Not Responsible for Faulty Water Pump Installation

LVT Number: 9497

The DOB issued landlord a violation notice for improperly installing a water pump. Landlord certified correction of the problem, but DOB didn't accept the certification. The ALJ found landlord in violation, but didn't impose a penalty. DOB appealed. The ECB ruled that landlord wasn't responsible for the improper installation because the water pump was installed by an outside contractor. A landlord can be cited for violating Section 27-1009(a) of the NYC Administrative Code, only if the landlord assists in the water pump installation.

The DOB issued landlord a violation notice for improperly installing a water pump. Landlord certified correction of the problem, but DOB didn't accept the certification. The ALJ found landlord in violation, but didn't impose a penalty. DOB appealed. The ECB ruled that landlord wasn't responsible for the improper installation because the water pump was installed by an outside contractor. A landlord can be cited for violating Section 27-1009(a) of the NYC Administrative Code, only if the landlord assists in the water pump installation. DOB didn't present evidence showing that landlord had assisted the plumbing contractor in installing the water pump.

City of New York v. Dwelling Management: ECB App. No. 20169 (8/10/94) [3-page document]

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