Detached Flue Pipe Created Unsafe Condition

DOB issued a violation notice to landlord for failing to maintain the building in a safe condition. DOB's inspector saw a flue pipe detached from the building's outside wall at the fourth floor. The pipe was loose and hanging at the side of the building, and over a parking lot. Landlord claimed the flue pipe was from a dryer in a tenant's apartment. Tenant told landlord she placed the flue pipe outside because she didn't use it. Landlord said he removed the flue pipe the same day he got notice from tenant. The ALJ ruled against landlord and fined him $800. Landlord appealed and lost. ECB found that landlord was responsible for safely maintaining the building at all times, even if tenant caused the condition and landlord didn't know about it.

Chazon LLC: ECB App. No. 1000042 (7/28/10) [3-pg. doc.]