New Landlord Not Liable for Improperly Installed Boiler

LVT Number: 10530

DOB issued a violation notice to landlord because the building's boiler wasn't installed by a licensed installer and had no certificate of approval. Landlord argued that prior landlord had installed the boiler. The ALJ ruled against landlord, finding that this didn't matter. Landlord was fined $700. Landlord appealed. ECB ruled for landlord and revoked the fine. The violation was issued for improper ''installation,'' not improper operation of the boiler. Since the boiler was installed by the prior landlord, current landlord can't be held responsible for the installation.

DOB issued a violation notice to landlord because the building's boiler wasn't installed by a licensed installer and had no certificate of approval. Landlord argued that prior landlord had installed the boiler. The ALJ ruled against landlord, finding that this didn't matter. Landlord was fined $700. Landlord appealed. ECB ruled for landlord and revoked the fine. The violation was issued for improper ''installation,'' not improper operation of the boiler. Since the boiler was installed by the prior landlord, current landlord can't be held responsible for the installation.

City of New York v. Marcos Auto Body: ECB App. No. 20564 (12/13/95) [2-page document]

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