Landlord Properly Maintained Lights on Sidewalk Shed

LVT Number: #23385

DOB issued a violation notice to landlord for failing to maintain a sidewalk shed. The notice stated that DOB's inspector found no lights on the underside of the shed at 6:50 p.m. on Feb. 25. Landlord claimed that he checked the lights every day and immediately replaced any that were burned out. The ALJ ruled against landlord and fined him $2,400. Landlord appealed and won. Landlord's office was on the ground floor of the building. He said he checked the lights when he left that day at 5 p.m. The next morning he saw that two lights were burned out and he replaced them immediately.

DOB issued a violation notice to landlord for failing to maintain a sidewalk shed. The notice stated that DOB's inspector found no lights on the underside of the shed at 6:50 p.m. on Feb. 25. Landlord claimed that he checked the lights every day and immediately replaced any that were burned out. The ALJ ruled against landlord and fined him $2,400. Landlord appealed and won. Landlord's office was on the ground floor of the building. He said he checked the lights when he left that day at 5 p.m. The next morning he saw that two lights were burned out and he replaced them immediately. ECB believed landlord's statement and revoked the fine. Building Code Section 3307.6.5 required landlord to inspect the lights nightly and replace any inoperative lights immediately.

Bilgeo Realty Corp.: ECB App. No. 1000970 (4/28/11) [2-pg. doc.]

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