Violations Issued for Illegal Alterations and Piping Defects

DOB issued violation notices to landlord for work without a permit based on the installation of an illegal apartment in the cellar, illegal alterations for adding a third apartment to a two-family dwelling, failure to maintain a roof storm pipe that wasn’t connected to the building drain or dry well, failure to provide fire stopping drywall in the boiler room, and failure to provide a discharge piping for the relief valve of the basement hot water heater. Landlord claimed that the basement apartment and piping defects were pre-existing conditions. The ALJ ruled against landlord and fined him $3,700 for all the violations. Landlord appealed and lost. Landlord didn’t prove his pre-existing condition defense, removal of the illegal alteration after the violation notice was issued wasn’t a defense, and purchase of the building with the illegal piping conditions wasn’t a defense to failure to maintain.

Khan: ECB App. No. 1500391 (7/25/15) [4-pg. doc.]