Landlord Didn't Maintain Exterior Wall of Building

DOB issued two violation notices to landlord based on failure to maintain an exterior building wall. The first notice stated that the masonry wall had various large cracks and was pulling away from the building. The second notice stated that a section of the wall had collapsed. Both violations were designated as hazardous. Landlord claimed that access to the wall for repairs was difficult because he had to go through the building next door. Landlord also claimed that the condition wasn't hazardous. The ALJ ruled against landlord and fined him $2,800. Landlord appealed and lost. Although landlord disputed the extent of the conditions cited by DOB, he admitted that there were large cracks on the right side of the building on both violation dates. DOB also had the authority to find the conditions hazardous. The letter from landlord's contractor expressing a different opinion didn't rebut DOB's finding. And the fact that landlord had access issues wasn't a defense. Landlord was responsible at all times for the safe maintenance of the building.

1992 David Jattan Trust: ECB App. No. 0800007 (5/7/09) [4-pg. doc.]