Landlord Responsible for Defective Sidewalk Shed

DOB issued a violation notice for having a defective sidewalk shed at the building. DOB’s inspector noted that the side deck enclosure of the shed was missing at its northeast corner. Landlord argued that it wasn’t responsible because the shed was put up by an HPD contractor under the agency’s Emergency Repair Program. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that landlord was still responsible because if landlord had addressed building conditions by installing a sidewalk shed, HPD wouldn’t have had to do so. Once the shed was installed, Code Section 27-128 placed responsibility on landlord for any violating conditions connected to it. ECB ruled for DOB and fined landlord $2,000. Once installed, landlord was responsible for the safe maintenance of the sidewalk shed.

Meir: ECB App. No. 47520 (10/29/09) [3-pg. doc.]