Prior Landlord Installed Roof Air Conditioner

LVT Number: 18040

DOB issued a violation notice to landlord for not getting an equipment use permit for a roof-mounted air conditioner. Landlord claimed that prior landlord installed the air conditioner. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that this was no defense. DOB pointed out that a permit for the air conditioner must be obtained before the air conditioner could be used, so it didn't matter who installed it. The ECB ruled for DOB and fined landlord $350.

DOB issued a violation notice to landlord for not getting an equipment use permit for a roof-mounted air conditioner. Landlord claimed that prior landlord installed the air conditioner. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that this was no defense. DOB pointed out that a permit for the air conditioner must be obtained before the air conditioner could be used, so it didn't matter who installed it. The ECB ruled for DOB and fined landlord $350.

Sedaghati: ECB App. No. 34149 (3/30/04) [2-pg. doc.]

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