Landlord Claims Gas Meters in Hallways Were Grandfathered

DOB issued a violation notice to landlord for failing to maintain a building in a safe and code-compliant manner after DOB's inspector saw gas meters and gas piping installed in the building's public area hallways. Landlord claimed that the building was at least 100 years old and that the meters and piping had been in these locations since at least 1967. Further, landlord claimed that buildings constructed before 1938 had meters installed in the hallways. The ALJ ruled for landlord and dismissed the violation.

DOB appealed and won. The 1938 Building Code required meters to be located near the point of entrance of gas service, either in the basement or cellar. DOB pointed out that landlord presented no proof that the meters were legally installed in the public hallways before 1938. ECB ruled for DOB, finding no proof of "grandfathering" of the meters and related piping in the hallways. The case was sent back to the ALJ for a new hearing on whether the meters predated the 1938 Building Code and why landlord was unable to locate the gas meters and related piping near the point of entrance of the gas service when initially installed.

RMH Assets LLC: ECB App. No. 1400171 (4/24/14) [3-pg. doc.]