Hallway Staircase Not Unsafe

DOB issued a violation notice to landlord for failing to maintain its building in a safe condition. DOB’s inspector said that the public hall stair from the first floor to the roof was leaning away from the wall. Landlord claimed that the staircase was safe and submitted a report from a structural engineer. The ALJ ruled against landlord and fined it $500. Landlord appealed and won. Landlord’s proof was sufficient to rebut DOB's claim that the staircase was unsafe. Landlord’s engineer stated that, although the staircase was out-of-level, there were no gaps between the stair and exterior wall or cracks in the plaster soffit underneath the stairs and landings. The engineer also reported that the staircase was securely connected on the upper floors. DOB submitted nothing to contradict the engineer’s report.

172 West 77th Street Realty Co.: ECB App. No. 1000185 (5/27/10) [2-pg. doc.]