Elevators Had Fans

The DOB issued landlord a second violation notice for not having a fan in the elevator. Managing agent claimed that fans had been installed in the elevator approximately six years ago and were in good working order. Landlord also presented a letter from the elevator service company, stating that the first violation had been corrected by the installation of fans. The ALJ dismissed the violation, and the DOB appealed. The ECB ruled for the DOB, and fined landlord $250. Landlord's proof wasn't enough to overcome the DOB inspector's sworn testimony that there weren't any fans in the elevator. Also, landlord had submitted a second letter from the elevator service company, but this letter contradicted the company's earlier letter, which stated that fans had already been installed. And landlord's only other proof consisted of managing agent's belief that fans had been installed.

City of New York v. Flagg Court Owners Co.: ECB App. No. 19082 (8/10/94) [3-page document]