Exit Stairwells Blocked

The Fire Department issued a violation notice to landlord for obstructing exit stairwells. Landlord claimed that it corrected the violation shortly after receiving notice and submitted a certificate of correction to avoid a penalty. The Fire Department claimed that it never received landlord's certificate. The ALJ dismissed the violation because it was mistakenly dated Dec. 4, 2010, even though it was actually issued on Dec. 4, 2009. The Fire Department appealed and won. The affidavit of service of the violation notice correctly listed the 2009 date. Landlord acknowledged receiving the violation notice and admitted that the condition existed. The 2010 date on the notice was a de minimis--that is, minor--error, and the ALJ should simply have corrected it. Since the violation was corrected before the hearing before the ALJ, landlord was fined only $300.

1331 Bristow Street: ECB App. No. 1000458 (12/16/10) [2-pg. doc.]