No Permit Required for Replacing Existing Roof Deck

LVT Number: 12503

DOB issued a violation notice to landlord for doing work without a permit. The violation stated that landlord had put up a roof deck without a permit. Landlord claimed no permit was needed for replacing the original deck. The ALJ ruled against landlord and fined him $350. Landlord appealed, again arguing that he had merely reconstructed a preexisting deck that needed repair. ECB ruled for landlord. Landlord's replacement of an existing deck is an ordinary repair and doesn't require a permit under city law.

DOB issued a violation notice to landlord for doing work without a permit. The violation stated that landlord had put up a roof deck without a permit. Landlord claimed no permit was needed for replacing the original deck. The ALJ ruled against landlord and fined him $350. Landlord appealed, again arguing that he had merely reconstructed a preexisting deck that needed repair. ECB ruled for landlord. Landlord's replacement of an existing deck is an ordinary repair and doesn't require a permit under city law.

Meier: ECB App. No. 28998 (10/29/97) [2-page document]

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