Landlord Couldn't Cure Violation in Ground Zero Frozen Zone

The Fire Department issued a violation notice to landlord for basement violations, including violation of Department Rule 8. The violation notice stated that, to avoid a hearing and penalties, landlord must cure by Sept. 25, 2001. Landlord hired contractors to cure violations but was unable to complete them on time. Landlord's building was located in the frozen zone around Ground Zero and had no access to the building between Sept. 11, 2001, and Oct. 10, 2001, when a hearing was scheduled. The ALJ found no excuse for landlord's failure to cure and fined landlord $775. Landlord appealed and won. Landlord diligently corrected the violations once it was no longer barred from accessing the building. And landlord had hired a contractor to make repairs. Landlord had two weeks left to cure when the September 11 terrorist attack occurred and disrupted building access.

Cedar Management Corp.: ECB App. No. 39216 (3/27/08) [3-pg. doc.]