Landlord Falsely Certified Correction of Violation

DOB issued a violation notice to landlord for filing a false certification of correction of violation based on failing to maintain an elevator. The prior violation notice stated that the elevator machine room door didn't have a proper lock or signage. Landlord had filed a certificate of correction, but reinspection found that the defects continued. Landlord claimed that it filed the certificate of correction based on its contractor's representation that repairs were made and without knowing that the certificate was false. The ALJ ruled for landlord and dismissed the violation. DOB appealed. ECB ruled for DOB and fined landlord $2,500. The certificate of correction contained a false statement. Under the law, DOB must show that landlord knew that the certification was false. There was no claim that landlord's managing agent couldn't determine if the elevators defects had been corrected. Landlord's manager knew or should have known that a sign identifying the machine room was still missing or whether the machine room door was properly locked. So landlord was responsible for the false certification.

240 W. 98th St. Assoc.: ECB App. No. 47875 (2/26/09) [3-pg. doc.]