Landlord Didn't Certify Flame-Resistant Drapes or Provide Emergency Lighting

LVT Number: #31203

The FDNY issued violation notices to landlord for failing to provide a certificate of compliance for flame-resistant materials for draperies at the building, and failing to provide exit signs and emergency lighting operated on a backup electrical system in the event of a power failure. Landlord didn't dispute the violations but claimed that she couldn't bring in certificates of correction because of COVID closures. The ALJ sustained the violations but imposed mitigated penalties totalling $825. Landlord appealed and lost. Landlord wasn't eligible for zero-dollar penalties.

The FDNY issued violation notices to landlord for failing to provide a certificate of compliance for flame-resistant materials for draperies at the building, and failing to provide exit signs and emergency lighting operated on a backup electrical system in the event of a power failure. Landlord didn't dispute the violations but claimed that she couldn't bring in certificates of correction because of COVID closures. The ALJ sustained the violations but imposed mitigated penalties totalling $825. Landlord appealed and lost. Landlord wasn't eligible for zero-dollar penalties. Although landlord provided credible proof of correction after the summons was issued, the correction doesn't relieve landlord from liability. And there was no proof that landlord's certificate of correction was filed or received and accepted by FDNY by the initial hearing date. 

FDNY v. DPL Group LLC: ECB App. No. 2001174 (12/10/20) [2-pg. doc.]

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