No Violation for Leaning Building

DOB issued two violation notices to landlord for failing to maintain its building in a safe condition. On two dates in March 2008, inspectors noted that the building was out of plumb and leaning to the south by one-half to one inch. Landlord claimed that it was aware of the problem based on 2005 engineers' reports, it was monitoring the condition, and the condition hadn't changed since 2005. The ALJ ruled against landlord and fined it $1,600. Landlord appealed and won. Landlord obtained additional engineers' reports in 2005 and 2006. These reports stated that the movement of the building had occurred many years ago and that the building appeared to have stabilized. Corrective measures were performed over the years to stabilize further movement. The December 2006 engineers' report stated that the building was structurally sound and that landlord should continue to monitor the condition every two years. The fine was revoked.

604 Manhattan Avenue LLC: ECB App. Nos. 0900295, 0900189 (10/29/09) [2-pg. doc.]