Landlord Exempt from Filing Local Law 11 Report

DOB issued a violation notice to landlord for failing to file an amended report to confirm the correction of unsafe building facade conditions described in the initial report he filed under Local Law 11 of 1998. Landlord claimed that because the building was no more than six stories in height, it wasn't subject to these reporting requirements. The building had a cellar and five stories and was registered with HPD as six stories. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Building Code Section 28-302.1 requires owners of buildings greater than six stories to maintain exterior building walls in a safe condition and to have a design professional periodically file a report certifying to DOB that the walls either were safe, unsafe, or safe with a repair and maintenance program. After notifying DOB of an unsafe condition, the owner must immediately make repairs and file an amended report with DOB. DOB argued that landlord had filed the initial report of unsafe conditions and therefore was required to file the amended report. But since landlord wasn't required by law to file any report, it didn't matter that an initial report was filed.

Sherhan: ECB App. No. 1200915 (11/28/12) [3-pg. doc.]