Chimney Must Be Raised

Facts: Landlord's neighbor raised his roof bulkhead so that the level of his roof was now higher than landlord's. City law states that when one building which adjoins another is built or altered so that the height of the new structure exceeds the height of the chimney of the lower building, the lower existing chimney must be raised. Landlord's neighbor is responsible under the law for raising landlord's chimney, unless landlord refuses to give permission to do so. Landlord wouldn't give her neighbor permission to raise her chimney. DOB issued a violation notice to landlord because her chimney was now 2 feet below the adjoining roof bulkhead. Landlord claimed she didn't know about the law. The ALJ ruled against landlord and fined her $345. Landlord appealed. ECB: Landlord wins. Ignorance of the law is no defense. But DOB didn't prove that the responsibility had shifted to landlord. There was no documentation of any request made by adjoining building owner to landlord to raise her chimney.

City of New York v. James: ECB App. No. 12676 (9/30/93) [3-page document]