Landlord Performed Clean-Up Work While Stop-Work Order in Effect

DOB issued a violation notice to landlord for unlawfully continuing work at a building while on notice of a stop-work (SWO). DOB's inspector found three workers painting walls at the first floor of the building, contrary to a full SWO. Landlord claimed that he only did the painting as damage control because a water leak was getting the wall wet. He believed that the SWO permitted clean-up work. The ALJ ruled against landlord and fined him $5,000. Landlord appealed and lost. Painting of Sheetrock, even if performed to prevent further damage from a water leak, wasn't permitted under the SWO. A full SWO prohibits all work at a premises, even minor work that doesn't require a DOB permit. 

DOB v. JKD & ESD, LLC: ECB App. No. 2000540 (7/16/20) [2-pg. doc.]