Defective Entrance Doors, Missing Guardrails Were Unsafe Conditions
LVT Number: #22206
DOB issued a violation notice to landlord for failing to keep the apartment building in a safe condition. The inspector observed defective entrance doors on the third and fourth floors, and missing handrails or guardrails on the fire escape. Landlord claimed that construction was in progress and that only the handrails to floors five and six were missing during temporary removal. The ALJ ruled against landlord and fined him $800. Landlord appealed and lost. Landlord claimed that tenants' safety wasn't affected by the construction. But once landlord installed a new fire escape, some form of handrails was required. Even if temporary, there was a hazardous condition present.
Thompson: ECB App. No. 42985 (5/7/09) [2-pg. doc.]
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