Must Landlord Remove Gas Meters in Hallways?

DOB issued a violation notice to landlord for failing to maintain a building in a safe and code-compliant condition. DOB's inspector noted that there were gas meters and gas piping installed in the public hallways of the building. Landlord claimed that the meters and piping were installed when the building was built in 1897. DOB argued that work on three gas meters in apartments was done in 2000 and 2003.  The ALJ ruled against landlord and fined it $1,000. Landlord appealed, claiming that the meter work done in 2000 and 2003 didn't require that all meters be removed from the public hallways, as required by the 1968 Building Code. ECB ruled for landlord in part. Landlord hadn't claimed that the meter work was a material alteration that brought the building or meters under the 1968 Building Code. Replacement of existing meters is exempt from the requirement that meters not be located in public hallways. But ECB sent the case back to the ALJ for further fact-finding on whether the meters were installed in the public hallways before 1938.

417 E 6 LLC: ECB App. No. 1400093 (3/27/14) [3-pg. doc.]