Defective Brickwork Supporting Water Tank

The DOS issued two notices of hazardous violations to landlord for not maintaining the exterior building wall. There was a crack in both the brickwork supporting the water tank and a window header. Landlord argued at a hearing that it was barred by a court order from making repairs. Landlord managed the building, which was in receivership due to the building owner's mismanagement, and was in litigation with the owner to get operating costs. The ALJ found that landlord was still in violation, and imposed a $625 penalty for each of the two violation notices. Landlord appealed. The ECB ruled that, as the court-appointed managing agent, landlord was responsible for the violation. But the ECB waived the fines because landlord was limited by court order from using funds to make these repairs.

City of New York v. Harder Helmsley Spear: ECB App. No. 6482 (10/30/91) [4-page document]