Landlord Doesn't Prove Awning Collapse Caused Entirely by Weight of Snow

DOB issued a violation notice to landlord for failing to maintain an exterior building wall after DOB's inspector found that, at the front of the building, a metal awning frame had dislodged with veneer bricks falling to the sidewalk. At a hearing, landlord denied any violation and claimed that the building awning collapsed due a snow load that had accumulated during a heavy snowstorm. The bricks were cleared the same day. Landlord had filed a certificate of correction for the violation, which was still pending. DOB argued that although corrected, the violation was properly designated as Class I since it caused an immediate hazard of falling debris.

The ALJ ruled against landlord and fined it $2,500. Landlord appealed and lost. Even if caused immediately by the snowfall, the metal awning tore loose from the building wall, causing bricks to fall on the sidewalk. It was reasonable for DOB to infer that landlord's failure to maintain the soundness of the structure was an additional factor causing the collapse. If properly maintained, a building's structure should be able to remain unimpaired even during inclement weather. Landlord presented no proof of ongoing maintenance and no proof that the violation was caused solely by the weight of snowfall. 

DOB v. 707 Seneca Ave. Realty LLC: ECB App. No. 2100473 (6/24/21) [2-pg. doc.]