Landlord Didn't Protect Adjoining Building During Demolition

DOB issued a violation notice to landlord for failing to protect adjoining buildings during demolition operations. When landlord demolished its building, it impaired the next-door building’s weatherproofing. Landlord argued that it couldn’t weatherproof the wall of the neighbor’s building without permission. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. The question was whether it was impossible for landlord to protect the neighbor’s building. Landlord didn’t show that the next-door building owner refused to grant access to do so. Landlord eventually weatherproofed the neighbor’s wall, but waited 17 months to request access to do so. Landlord was fined $400.

Cook Street Housing, LLC: ECB App. No. 48057 (10/29/09) [4-pg. doc.]