Cracked Concrete Wall Wasn't on Landlord's Building

DOB issued a violation notice to landlord for failing to maintain her building. DOB's inspector saw a concrete block property line wall with severe vertical cracks, causing the wall to lean into the rear yard. DOB presented photographs at a hearing. Landlord argued that the wall wasn't on her property, and she wasn't required to maintain it. The ALJ ruled against landlord and fined her $800. Landlord appealed and won. The wall wasn't a party wall that landlord would have shared responsibility for. It was not on landlord's property and didn't provide common support to the structure on both sides. Landlord also submitted a land survey to support her claim. DOB presented no proof to the contrary. The fine was revoked.

Lambert: ECB App. No. 0900479 (2/25/10) [3-pg. doc.]