Landlord Didn't Own Building at Time of Violation

The Fire Department issued violation notices to landlord for failing to maintain, test, and provide documentation for a building sprinkler system. Landlord claimed that he didn’t own the building on July 30, 2004, the date the violations were issued. At a hearing, landlord presented a copy of a deed showing that the building was transferred to 312 Flatbush Avenue LLC three years before the violations were issued. The ALJ ruled against landlord and said that he was responsible since he had the same address as the LLC. Landlord was fined $2,500. Landlord appealed and won. The Fire Department didn’t prove that landlord had any control over the building on the violation date. Landlord was co-executor of the estate of a prior owner of the building. His interest in the building ended when it was sold to the LLC. The fact that landlord and the LLC shared an office address at the time of the transfer didn’t make landlord a proper party.

Goldman: ECB App. Nos. 43973, 43974 (5/7/09) [2-pg. doc.]