Rear Exit Windows Barred by Locked Gate

LVT Number: 12134

DOB issued a violation notice to landlord for not providing a second way to exit the building from the second and third floors, since the window at the rear exit of each floor was barred by a locked gate. The ALJ fined landlord $475, and landlord appealed, claiming that the building was exempt from the law requiring a second way to exit the building since it was only three stories high and occupied by no more than one family on each floor. ECB ruled against landlord. The law that landlord claimed exempted him didn't apply because the building was a mixed-use building.

DOB issued a violation notice to landlord for not providing a second way to exit the building from the second and third floors, since the window at the rear exit of each floor was barred by a locked gate. The ALJ fined landlord $475, and landlord appealed, claiming that the building was exempt from the law requiring a second way to exit the building since it was only three stories high and occupied by no more than one family on each floor. ECB ruled against landlord. The law that landlord claimed exempted him didn't apply because the building was a mixed-use building. In addition, that law dealt with exits from floors, not locked windows.

Gong: ECB App. No. 23628 (5/28/97) [2-page document]

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