Landlord Didn't Post Inspection Records

The Fire Department issued a violation notice to landlord on March 16, 2012, for failing to post records of monthly inspections of its sprinkler system and failing to provide a certificate of fitness for a person performing the monthly inspections. The first scheduled hearing date was May 2, 2012. Landlord testified at the hearing that the violations were corrected before May 2, producing records for the monthly inspections as well as the certificate of fitness for the person performing them. The ALJ ruled for landlord in part, imposing a reduced penalty of $725. Landlord appealed and lost. Landlord argued that since there had been no prior FDNY violation, no penalty should have been imposed. But since landlord never raised this claim before the ALJ, it couldn't do so for the first time on appeal. Also, it was no defense that no previous violations were issued. 

Lina K. Realty: ECB App. No. 1200605 (9/27/12) [2-pg. doc.]