Landlord Didn't Prove Tenant Denied Access to Fix Defective Roof Condition

DOB issued a violation notice to landlord for not keeping the building in a safe condition. The inspector reported a hole in the roof of the building's penthouse, which resulted in pools of rainwater leaking to floors below. Landlord argued that the penthouse tenant wouldn't grant access for repairs. The ALJ ruled for landlord and dismissed the violation. DOB appealed and argued that by law, landlord is responsible for the safe maintenance of the building. DOB claimed also that landlord didn't present proof that it was barred from access to the apartment. ECB ruled for DOB and fined landlord $800. There was no proof that tenant or any court order barred landlord from making the needed repairs.

Uned Assocs. LLC: ECB App. No. 32592 (3/29/00) [3-pg. doc.]