Landlord Can't Do Decorative Repairs While Full Stop-Work Order in Effect

DOB issued a violation notice to landlord for continuing work despite the issuance of a stop-work order (SWO). The notice described the violation as "work in progress at front; enlargement of dwelling contrary to stop work order," dated Sept. 6, 2012. A prior violation cited landlord for work without a permit based on the addition of an extension to the front of the building at the second floor. The prior violation notice also contained a full SWO dated Aug. 9, 2012, which stated "Stop all work. Make site safe. Obtain permit or restore to prior legal condition." Landlord claimed that no work was proceeding on the second floor for which the SWO was issued, but only on the first floor, to tile a bathroom. DOB argued that because the SWO was a full SWO and not merely a partial one, all work at the building was barred except work that would make the building safe. The ALJ ruled for landlord and dismissed the violation, finding that the work done at the time of the notice wasn't covered by the SWO. DOB appealed and won. Reading Code Sections 28-208.2.1 and 28-207.2.2 together, no work may be done at the building while the full SWO was in effect. Landlord was fined $4,800.

Bibi: ECB App. No. 1300177 (6/27/13) [3-pg. doc.]