Obstruction from Floor Landing to Roof Was Immediately Hazardous Violation

LVT Number: #31158

DOB issued a violation notice to landlord for failure to maintain a building in a code-compliant manner. DOB's inspector observed obstruction of egress on the building's fourth-floor landing to the roof by multiple objects. Landlord argued that this wasn't a violation because the fourth-floor landing leading to the roof wasn't an exit passageway. The ALJ agreed and dismissed the violation.

DOB issued a violation notice to landlord for failure to maintain a building in a code-compliant manner. DOB's inspector observed obstruction of egress on the building's fourth-floor landing to the roof by multiple objects. Landlord argued that this wasn't a violation because the fourth-floor landing leading to the roof wasn't an exit passageway. The ALJ agreed and dismissed the violation. DOB appealed and won.  Even if the obstruction was only partial, it was an immediately hazardous violation because someone trying to use the door to the roof would be unable to open the door due to the obstruction. ECB fined landlord $1,250.

DOB v. S&H NY Associates LLC: ECB App No. 2000835 (9/10/20) [2-pg. doc.]

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