Landlord Didn't Provide Building Access to Disabled Individuals

DOB issued a violation notice to landlord for failing to provide building access to public entrances for people with physical disabilities after landlord made alterations. Landlord claimed that DOB shouldn’t be allowed to issue the violation because it previously voiced no objections to the lack of accessibility. The ALJ ruled against landlord and fined him $800. Landlord appealed and lost. Landlord claimed that DOB previously reviewed its architect’s plans, which showed no ramp leading to the building entrance, and that the violation went beyond concerns about fire safety, zoning, and egress. Landlord argued that DOB’s prior review encompassed accessibility and that DOB voiced no objections over the lack of access to persons with disabilities. The ECB ruled against landlord, finding there was no reason that DOB couldn’t issue the violation.

Midyani: ECB App. No. 1600905 (12/15/16) [1-page doc.]