Landlord Didn't Install Sidewalk Shed

DOB issued a violation notice to landlord for having a sidewalk shed that didn't comply with building code requirements because it had no lights. Landlord argued that he didn't install, or order the installation of, the shed. It was installed by a city agency to protect against bricks falling from an adjoining building. The ALJ ruled for landlord and dismissed the violation. DOB appealed, asking that the case be sent back for a full hearing. ECB ruled against DOB. The ALJ had discretion to rely on landlord's testimony. And DOB didn't claim that landlord installed the shed in connection with ongoing construction operations. DOB didn't present proof before the ALJ that landlord was responsible for maintaining the shed.

140 5th Ave., Brooklyn: ECB App. No. 32000 (8/4/99) [2-pg. doc.]