Landlord Claims Tenant Caused Unsafe Leaking Condition

DOB issued a violation notice to landlord for not maintaining its building in a safe condition. The violation was based on waste and water leaking from the bathroom ceiling of one apartment due to defective plumbing, as well as a failure to perform required rat-proofing. Landlord claimed it couldn't make repairs because tenant whose apartment had the leak wouldn't permit access to repair the leak. Landlord had sued to evict tenant. The ALJ ruled for landlord, finding that landlord had done all it could. DOB appealed, claiming that landlord hadn't done everything necessary to gain access. ECB ruled for DOB and fined landlord $750. Landlord sent tenant a termination notice in October 1995 and then brought an eviction action. In February 1996 the housing court ordered tenant to permit access for repairs. Landlord began repairs that month. The court then issued another order for tenant to permit access in March 1996, at about the same time as landlord's hearing before the ALJ. But there was no proof that landlord made any attempt to gain access between November 1995 and February 1996. Landlord was responsible at all times for the safe maintenance of the building.

President Park, Inc.: ECB App. No. 26135 (8/13/97) [2-page document]