Landlord Can Keep Old-Style Gas Meters and Piping in Hallways

DOB issued a violation notice to landlord for gas meters and related piping improperly installed in a building's public hallways. Landlord argued that the coin meters were installed in the building before 1938 and some had been replaced in the 1960s, 1970s, and 1980s. The ALJ ruled for landlord and found that the meters were "grandfathered."

DOB appealed and lost. DOB claimed that there was insufficient proof that the meters were in the building before 1938 and landlord admitted that some were replaced. The 1968 Building Code prohibited gas meters above the lowest floor. But the 1938 Building Code permitted the gas meters found in landlord's building, and the 2008 Building Code said that any devices installed when the building was erected were just to be kept in good repair. So the old meters, including the replaced ones, were grandfathered in. Landlord's witness claimed that the old meters were installed in the early 1900s, and DOB presented no proof to the contrary.

First Ave Equities: ECB App. No. 1500131 (3/26/15) [3-pg. doc.]