Air Conditioners Improperly Installed

DOB issued a violation notice to landlord for failing to maintain the exterior building wall and "all appurtenances thereto" in a safe condition. The violation noted that window air conditioners were improperly installed, and that there were flower pots placed on windowsills. The inspector testified before the ALJ that the air conditioner was secured only with loose wood planks piled underneath the unit. There were no brackets placed underneath the unit. The ALJ ruled for landlord and dismissed the violation. The ALJ found that the inspector's testimony wasn't credible, and that the flower pots weren't attached to the building facade and therefore weren't a proper basis for the stated violation. DOB appealed, arguing that an improperly installed window air conditioner was an appurtenance to the wall that could fall from the window and therefore was dangerous. DOB said there was no basis to dispute the inspector's stated observations and opinion. DOB also pointed out that landlord presented no contradictory evidence at the hearing before the ALJ. ECB ruled for DOB and fined landlord $800. DOB demonstrated that one or more window air conditioners were installed unsafely. The flower pots also were an "appurtenance," because they were something attached to the building. Unsecured flower pots are dangerous.

Tudor Realty Services Corp.: ECB App. No. 39403 (10/25/07) [3-pg. doc.]