Repairs Being Made When Violation Notice Issued

LVT Number: 12281

DOB issued a violation notice to landlord for not maintaining the exterior wall of a six-story residential building. Landlord claimed it was making repairs at the time the violation notice was issued. The ALJ dismissed the violation since landlord was in the process of correcting the condition when the DOB inspector issued the violation notice. DOB appealed, claiming that the violation was based on visible structural cracks and that landlord was doing unrelated work at the time the violation notice was issued. ECB ruled against DOB.

DOB issued a violation notice to landlord for not maintaining the exterior wall of a six-story residential building. Landlord claimed it was making repairs at the time the violation notice was issued. The ALJ dismissed the violation since landlord was in the process of correcting the condition when the DOB inspector issued the violation notice. DOB appealed, claiming that the violation was based on visible structural cracks and that landlord was doing unrelated work at the time the violation notice was issued. ECB ruled against DOB. The testimony of DOB's inspector was vague as to the details of his inspection, including the precise location of the structural cracks.

HDS Funding Co.: ECB App. No. 22826 (6/25/97) [2-page document]

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