Building Must Meet Six-Story Facade Inspection Requirement

DOB issued a violation notice to landlord for failing to file a Cycle 7 facade inspection report for its building. Landlord claimed that the building was exempt from facade inspection because it wasn’t greater than six stories in height. DOB disagreed and presented photographs showing that the building had six stories. The ALJ ruled against landlord and fined it $800.

Landlord appealed and lost. Landlord was required to file facade inspection reports for sections of the exterior walls above the garage ramp, front entrance, and other areas where the walls were above six stories in height. Prior rules that landlord relied on were rescinded in 2011 and superseded by 1 RCNY Section 103-04. All existing buildings greater than six stories in height are subject to facade inspection, regardless of a cellar designated in the building’s Certificate of Occupancy. Although cellars that are more than 50 percent below grade area usually are not counted as a story, where buildings on sloped sites have six floors and partial stories that are more than 50 percent above grade or adjacent to open areas such as areaways, yards, and ramps, those exterior walls are subject to facade inspection reporting. Landlord’s building fit this description.

Webster Apartments Cooperative: ECB App. No. 1601117 (12/15/16) [4-pg. doc.]