Landlord Not Responsible for Lack of Stairway Handrails

DOB issued a violation notice to landlord for failing to keep his building safe during construction. The inspector noted that there were no handrails on the stairs from the first floor up to the third floor while construction was ongoing. Landlord pointed out that he was named on the violation notice as an officer of the contracting company that was doing the work. Landlord argued that he wasn't the contractor and wasn't responsible for the violation. The ALJ ruled against landlord and fined him $2,500. Landlord appealed and won. There was no proof that landlord had any connection to the contracting company, which was named on the violation notice. In addition, landlord showed that he had sold the building before the date of the violation. So he wasn't responsible, and the fine was revoked.

Lin: ECB App. Nos. 41546-41547 (5/1/08) [2-pg. doc.]