Minor Error on Boiler's Certificate of Fitness

LVT Number: 9734

The Fire Department issued a violation notice to landlord for not providing a certificate of fitness for a #6 fuel oil high pressure boiler. Landlord claimed that the building superintendent had obtained a valid certificate three and a half months prior to the violation notice. However, the certificate showed the work address to be the office address of the managing agent rather than the building where the super actually worked. A corrected certificate was issued two months later. The ALJ ruled against landlord and imposed a $300 fine. Landlord appealed.

The Fire Department issued a violation notice to landlord for not providing a certificate of fitness for a #6 fuel oil high pressure boiler. Landlord claimed that the building superintendent had obtained a valid certificate three and a half months prior to the violation notice. However, the certificate showed the work address to be the office address of the managing agent rather than the building where the super actually worked. A corrected certificate was issued two months later. The ALJ ruled against landlord and imposed a $300 fine. Landlord appealed. The ECB ruled for landlord and revoked the fine. Landlord had been issued a valid certificate of fitness prior to issuance of the violation notice. No matter whose fault it was, the error in the work address was minor.

City of New York v. Marben Realty Co.: ECB App. No. 20781 (9/29/94) [1-page document]

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