Improperly Sealed Water Heater Is Hazardous Condition

The DOB issued a violation notice to landlord for having a 3-inch smoke pipe on top of a water heater that wasn't properly sealed. The notice mistakenly stated that the condition was nonhazardous. Landlord corrected the condition, but the city claimed that the condition was in fact hazardous, so penalties should apply---even though landlord had corrected the condition. The ALJ imposed no penalties, and the city appealed. The ECB's appeals unit reversed and fined landlord $150. DOB didn't deprive landlord of the required notice by checking the wrong box. And DOB had notified landlord of its mistake within weeks of issuing the violation.

City of New York v. Hornstein: ECB Appeal No. 8494 (7/31/91) [2-page document]