Broken Window Temporarily Sealed with Plywood

Landlord got a violation from the DOB for doing work without a permit. At an ECB hearing, a DOB inspector testified that instead of getting a permit and closing up a broken window with masonry, landlord had sealed an apartment window with plywood. Landlord claimed that tenant had temporarily sealed the window with plywood after it broke. The window was subsequently repaired. The ALJ found landlord in violation of the law and fined him $250. Landlord appealed and pointed out that the temporary condition wasn't hazardous. The ECB granted landlord's appeal. The DOB had claimed that the window was permanently sealed with plywood, but didn't prove this. Landlord showed that the plywood cover was temporary. Temporarily sealing a broken window with plywood until it is repaired is an ordinary repair permitted under city law. It doesn't require a permit.

[Brown: ECB Appeal No. 8495 (9/11/91)]. 2-page document.