Building's 7-A Administrator Is Responsible for FDNY Violations

The Fire Department issued two violation notices to landlord, for failing to obtain a permit for oil storage and use in the basement boiler, and failure to provide a fire extinguisher in the boiler room as required by the Fire Code. Landlord claimed that he wasn't the owner but the building's 7-A Administrator, under the direction of HPD. He claimed that he had applied for a boiler permit the day the violation was issued and installed a fire extinguisher prior to the cure date. The ALJ dismissed the violations against the 7-A Administrator, finding that his connection to the building was limited. FDNY appealed and won. FDNY argued that HPD's order conferred control of the building to the 7-A Administrator. ECB agreed. The 7-A Administrator was a proper party. And the building owner was barred from entering or interfering with the Administrator's management of the building. ECB imposed reduced penalties totalling $650 against the 7-A Administrator.

FDNY v. Alfonso 7A Administrator: ECB App. No. 2000886 (11/12/20) [2-pg. doc.]