Insufficient Proof of Pre-Existing Work Without a Permit

LVT Number: #25152

DOB issued three violation notices to landlord for work without a permit and later for failing to comply with a DOB order to correct the conditions. Inspection showed that landlord had put up partition walls, water and waste lines, a washer and dryer, a gas line, drop ceilings, and light fixtures in the cellar, along with partial walls and doors and drop ceilings and light fixtures in the attic. Landlord claimed that the conditions existed before she bought the house from her grandfather's estate in 1999, so she wasn't responsible.

DOB issued three violation notices to landlord for work without a permit and later for failing to comply with a DOB order to correct the conditions. Inspection showed that landlord had put up partition walls, water and waste lines, a washer and dryer, a gas line, drop ceilings, and light fixtures in the cellar, along with partial walls and doors and drop ceilings and light fixtures in the attic. Landlord claimed that the conditions existed before she bought the house from her grandfather's estate in 1999, so she wasn't responsible. A neighbor testified that her husband had performed the work 30 years earlier. The ALJ found landlord's proof of pre-existing condition insufficient and fined landlord $10,000. Landlord appealed and lost. Among other things, landlord didn't prove that the washer, dryer, or bathroom in the cellar were there before she bought the building.

Farmer: ECB App. No. 1300608 (8/29/13) [3-pg. doc.]

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