Fire Department Can Seek Criminal and Civil Penalties Against Landlord

The Fire Department issued a violation notice to landlord for not meeting requirements for testing, maintenance, and operation of the building's standpipe and sprinkler systems. Landlord claimed that it was penalized twice for the same violation. The ALJ ruled against landlord and fined it $1,275. Landlord appealed, claiming that the Fire Department had issued two prior orders for the same conditions, threatening landlord with criminal charges. ECB ruled against landlord. The new violation notice was for civil penalties. Nothing in the New York City Administrative Code barred the Fire Department from seeking both criminal and civil penalties against landlord.

114 E. Realty Corp.: ECB App. No. 33530 (12/6/00) [3-pg. doc.]