Landlord Didn't Provide Two Means of Egress

October 31, 2009

LVT Number: #22273

DOB issued a violation notice to landlord for failure to provide two means of egress from every room or enclosed space in the building. DOB's inspector found no second means of egress from four SROs in the cellar. Landlord claimed that DOB failed to identify sufficiently the type of building in its violation notice. The ALJ ruled against landlord and fined it $480. Landlord appealed and lost. Landlord now also claimed that since the SRO units were illegal, the egress provisions of the building code didn't apply.

DOB issued a violation notice to landlord for failure to provide two means of egress from every room or enclosed space in the building. DOB's inspector found no second means of egress from four SROs in the cellar. Landlord claimed that DOB failed to identify sufficiently the type of building in its violation notice. The ALJ ruled against landlord and fined it $480. Landlord appealed and lost. Landlord now also claimed that since the SRO units were illegal, the egress provisions of the building code didn't apply. The violation notice sufficiently identified the building as a multiple dwelling with four stories and non-fireproofed. And it didn't matter whether the units were legal.

2010 Newkirk Realty LLC: ECB App. No. 47394 (8/13/09) [3-pg. doc.]

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