Landlord Didn't Maintain Hot Water Heater

DOB issued a violation notice to landlord for failing to maintain a hot water heater. Landlord claimed that, because the building was classified as a “miscellaneous religious facility,” it was exempt from annual inspection requirements for boilers and hot water heaters. The ALJ ruled against landlord and fined it $1,000. Landlord appealed and lost. Landlord didn’t deny its failure to maintain the hot water heater or that the failure to properly seal the hot water heater flue inside a chimney created an immediately hazardous condition that could expose building occupants to carbon monoxide poisoning. It didn’t matter whether the building was exempt from annual inspection requirements. This wasn’t a defense to failure to maintain service equipment in a safe condition.

Canarsie Islamic Services: ECB App. No. 1501331 (2/25/16) [4-pg. doc.]