Building Was Occupied During Construction

DOB issued three violation notices to landlord because its building was occupied during construction. Plan/Work Applications filed with DOB stated that the building was not to be occupied during that time. Landlord claimed that the “PW1” forms contained incorrect information. The ALJ ruled against landlord and fined it $14,400. Landlord appealed and lost. Building Code Section 28-211.1 makes in unlawful to knowingly or negligently make or allow to be made a material false statement in any form either submitted directly to DOB or generated with the intent that DOB would rely on it. The ALJ had discretion to give little weight to hearsay testimony and unsworn statements submitted by landlord to the effect that the statement on the PW1 form that the building would be unoccupied during construction was incorrect. 

15 West 55th St. Property LLC: ECB App. No. 1600184 (4/28/16) [3-pg. doc.]