Landlord Didn't Repair Defective Stair Platforms

DOB issued a violation notice to landlord failing to maintain a building in a safe and code-compliant manner. DOB's inspector observed that the railing of the stair platform of one of the townhouses in an 80-unit complex was bowing out, that the front facade had cracks in various locations, and that there was a slab separation. Landlord claimed that the condo sponsor had been negligent in building the townhouses and should have been served with the violation. Landlord also argued that, since DOB had approved the plans for the townhouses and issued Certificated of Occupancies, it couldn't claim that the stair platform was in violation. In the meantime, landlord had hired a contractor to replace the stairs of 19 of the townhouses. The ALJ found that landlord had attempted to maintain the townhouses to the best of its ability since 1995 and dismissed the violation. DOB appealed and won. The stair platform defects were the result of settlement and improper foundation support. As owner of the buildings, landlord was responsible for maintaining the property in a safe and code-compliant condition. Landlord's engineer had reported the improper foundation support in 1998, but landlord's only corrective action was to install temporary lally columns under the stairway platforms in 2003. A permit to replace the stairways was issued in August 2012, but the repair work hadn't been started at the time the violation was issued. Landlord was fined $500.

LeLand Gardens Condominium II: ECB App. No. 1300339 (6/27/13) [3-pg. doc.]