Landlord Didn't Prove Rooftop Structure Was Pre-Existing Condition

DOB issued a violation notice to landlord for having a wood and plastic structure about the building that contained a door, bedroom, and porch. Landlord claimed that this was a pre-existing condition when it bought the building in 2005. The ALJ ruled against landlord and fined it $1,600. Landlord appealed and lost. Landlord claimed that the building was donated to landlord by prior owner, who merely stated that the structure “was there” when the building was transferred to landlord, without any further detail as to whether he constructed it or it already existed when he bought the building. Also, the real property transfer report on record with the city described the transfer as a “Sale Between Related Companies or Partners in Business.” This was inconsistent with landlord’s claim that it had no relationship with prior owner. So ECB didn’t accept landlord’s pre-existing condition defense.

Ateres Mechoel Inc.: ECB App. No. 1601152 (12/15/16) [3-pg. doc.]