Landlord Didn't Add Handicap Ramp During Alterations

DOB issued a violation notice to landlord for failing to provide building access to people with disabilities. The violation stated that there was no ramp at the front entrance of the building. Landlord claimed that no ramp was needed because no handicapped people lived in the building. DOB argued that any major alteration of the building after 1987 required front entrance handicap accessibility. Landlord had altered the building between 2001 and 2004. The ALJ ruled against landlord and fined him $800.

Landlord appealed and lost. Building Code Section 27-123.1 required landlord to provide handicapped accessibility to the front entrance of the building if an alteration changed the occupancy classification of the building or the cost of the alteration was more than 50 percent of the replacement cost of the building. Landlord claimed on appeal that its alterations didn't reach these levels, but it submitted no proof. Without a waiver from DOB, landlord was required to provide access to the building for the handicapped.

Shadman Realty LLC: ECB App. No. 1200665 (8/29/13) [3-pg. doc.]