Landlord Didn't Prove It Was Impossible to Correct Violations

DOB issued two violation notices to landlord for failing to correct violating conditions set forth in prior notices. Landlord claimed that tenants illegally removed a wall and installed a stove and mobile shower at the second-floor premises. Tenants had advised landlord that because landlord rented the unit to them as residential, in violation of the building's C of O, they were withholding rent. He started a court proceeding against tenants, and the case was on appeal until recently when tenants finally moved out. In the meantime, landlord said that tenants got an injunction from the court that prevented him from doing any work to correct the violations. So, landlord argued, it had been impossible for him to correct the prior violations.

The ALJ ruled against landlord and fined him $2,500. The ALJ noted that landlord submitted no documentation showing there was any injunction or even any eviction proceeding.

Landlord appealed and lost.  To prove impossibility, landlord had to show that, despite doing everything possible to correct the violations and file certificates of correction, he was legally and physically prevented from gaining access necessary to make the needed corrections. Landlord's testimony before the ALJ was vague and inconsistent, and he submitted no supporting documentation.

DOB v. Baldeo: ECB App. No. 2000197 (3/19/20) [2-pg. doc.]