Landlord Didn't Maintain Two Boilers in Safe Condition

DOB issued violation notices to landlord for failing to maintain two boilers in a safe condition. In each violation notice, the DOB inspector noted that the boiler wasn't registered and ready for inspection. Landlord claimed that the boilers were exempt from registration and inspection requirements. DOB's inspector argued that the boilers were installed under a wood stairwell with no fire protection and were still unsafe. The ALJ dismissed the violations because the residential boilers in the two-family house didn't have to be registered. DOB appealed and won. Nothing in the law shielded landlord from complying with minimal safety standards. Landlord didn't deny the unsafe boiler conditions. Landlord was fined $1,600.

Poritz: ECB App. Nos. 48166, 49165 (10/29/09) [3-pg. doc.]