Crack in Stucco Over Brick Wall Wasn't Immediately Hazardous Violation

DOB issued two violation notices to landlord for failure to maintain building walls or appurtenances. DOB designated the 30-foot vertical crack from the first floor to the roof parapet as a Class I violation. DOB sought an aggravated penalty for a recurring condition. Landlord's engineer reported that the crack was superficial and didn't undermine the building's structural stability. But DOB said that the building was over 100 years old and that landlord needed to find the origin of the crack and look at the foundation before it got worse. The ALJ ruled against landlord, finding the Class I designation justified. Landlord was fined $12,500 for the two violations. Landlord appealed the violation imposing the Class 1 designation.

ECB ruled for landlord. Landlord's engineer had noted that the crack was in the stucco finish that was over the brick wall exterior, didn't penetrate the load-bearing wall, and occurred due to thermal expansions of the stucco during the change in seasons. ECB found that DOB failed to show how the crack severely affected life, health, safety, property, the public interest, or a significant number of persons. ECB revoked $6,250 of the fine that applied to this violation.

DOB v. Morrissette: ECB App. No. 1901680 (1/23/20) [2-pg. doc.]