Managing Agent of Land Not Responsible for Violation

LVT Number: 15625

DOB issued violation notices to landlord for not maintaining a fire escape balcony and stairs in a safe condition. Landlord, who was the managing agent of the land on which the building was located, claimed that it wasn't the legal building owner and didn't have enough control over the building operations to be held responsible as an owner. The ALJ ruled against landlord and fined it $1,280. Landlord appealed and won. Department of Finance records confirmed landlord's claim that it had only a limited connection with the property and wasn't the building's owner.

DOB issued violation notices to landlord for not maintaining a fire escape balcony and stairs in a safe condition. Landlord, who was the managing agent of the land on which the building was located, claimed that it wasn't the legal building owner and didn't have enough control over the building operations to be held responsible as an owner. The ALJ ruled against landlord and fined it $1,280. Landlord appealed and won. Department of Finance records confirmed landlord's claim that it had only a limited connection with the property and wasn't the building's owner.

Digby Mgmt. Co.: ECB App. Nos. 34575 and 34576 (1/29/02) [4-pg. doc.]

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