Landlord Didn't Prove Neighbor Obstructed Efforts to Fix Building Crack

DOB issued violation notices to landlord for failing to maintain an exterior building wall and failing to comply with DOB’s order to correct that condition. Landlord argued that the owner of the neighboring building had refused access needed to fix the crack found on landlord’s building wall. The ALJ ruled against landlord, finding that he failed to show that he was physically or legally barred from fixing the crack. The ALJ fined landlord $3,400. Landlord appealed and lost. Landlord didn’t refute that he failed to maintain the building. There was no proof of efforts to maintain the wall before the date of the violation. There also was insufficient proof that landlord did all that he could to obtain access to correct the wall crack. Among other things, landlord didn’t obtain a contractor’s work proposal until a month after the violation was issued. Landlord then didn’t write to the neighboring building owner seeking access until two months later.

Wahib: ECB App. Nos. 1600511-512 (7/28/16) [4-pg. doc.]