Landlord Claims Tenant Denied Access for Repairs

January 1, 1997

LVT Number: 11123

DOB issued two violations to landlord for not maintaining his building based on rotted window frames, a partially collapsed ceiling, and other conditions in a fourth-floor apartment. Landlord claimed that tenant denied him access to make repairs. The ALJ ruled for landlord. DOB appealed, claiming that landlord was responsible for safe maintenance of the building whether or not tenant denied access. ECB ruled for DOB and imposed a $350 fine. The window damage in particular was apparent from outside the building and had developed over a long period.

DOB issued two violations to landlord for not maintaining his building based on rotted window frames, a partially collapsed ceiling, and other conditions in a fourth-floor apartment. Landlord claimed that tenant denied him access to make repairs. The ALJ ruled for landlord. DOB appealed, claiming that landlord was responsible for safe maintenance of the building whether or not tenant denied access. ECB ruled for DOB and imposed a $350 fine. The window damage in particular was apparent from outside the building and had developed over a long period. Landlord should have been able to get access at some point.

Song: ECB App. No. 21400 (5/29/96) [2-page document]

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