No Gas Meter Violation Where Landlord Had Permit to Install Laundry Room

DOB issued two violation notices to landlord for failing to keep a gas meter room free of storage items and failure to maintain a building in a safe and code-compliant condition. DOB's inspector had seen washers, dryers, equipment, and electrical supplies in the building's gas meter room and said that the gas meter room was used as a laundry space because equipment was being installed. Landlord claimed that the gas meters had been located in an open area of the cellar. Landlord was in the process of installing a laundry room and enclosing the gas meters with fire-rated partitions and a door under a valid permit when the inspector arrived. The ALJ ruled against landlord and fined it $2,600.

Landlord appealed and won. Landlord established a defense to the violations because it was in the process of installing a laundry room and enclosing the meter room. DOB records also showed that DOB issued landlord a permit to install the laundry room three months before the violation date. Landlord was in the process of enclosing the gas meter room and creating a separate laundry room, and the equipment was merely stacked in the cellar at the time of the issued violations. A licensed professional had self-certified the plans. There was no violation based on the fact that DOB's examiner didn't review the plans. The fine was revoked.

Renaissance Equity Holding LLC: ECB App. No. 1701135 (1/4/18) [4-pg. doc.]