Collapsed Chimney

June 30, 1995

LVT Number: 9796

DOB issued a violation notice to landlord for not maintaining its boiler in a safe condition and in good working order. The notice stated that the chimney had collapsed at the top of the building. Landlord admitted the chimney had collapsed. The ALJ fined landlord $250. Landlord appealed, arguing for the first time that the chimney collapse was an unforeseen occurrence and that it immediately took steps to correct the condition. ECB ruled against landlord.

DOB issued a violation notice to landlord for not maintaining its boiler in a safe condition and in good working order. The notice stated that the chimney had collapsed at the top of the building. Landlord admitted the chimney had collapsed. The ALJ fined landlord $250. Landlord appealed, arguing for the first time that the chimney collapse was an unforeseen occurrence and that it immediately took steps to correct the condition. ECB ruled against landlord. Landlord hadn't raised this defense before the ALJ, and repair bills submitted by landlord didn't explain what was wrong with the chimney.

City of New York v. Owner 416 W. 56 St.: ECB App. No. 19201 (10/26/94) [2-page document]

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