Landlord Proved Leak Caused by Upstairs Tenant

DOB issued a violation notice to landlord for failing to maintain its building based on excessive water damage found on the ceiling of tenant's bedroom. A portion of the ceiling had fallen in, damaging tenant's furniture. The ALJ fined landlord $1,000. Landlord appealed and won. Landlord showed that the condition was a one-time occurrence caused by flooding from the upstairs tenant's bathtub. As soon as landlord was notified, it began repairs and promptly completed them. There was no proof that the condition resulted from landlord's failure to maintain the building in a safe and code-compliant manner. The fine was revoked.

BG Eastern LLC: ECB App. No. 1100050 (6/23/11) [3-pg. doc.]