Landlord Filed False Certificate of Correction of Chimney Defects

DOB issued a violation notice to landlord for filing a false certificate of correction of a chimney condition. DOB had issued a violation for failing to maintain a chimney in a safe condition. The DOB inspector observed a rusted chimney, missing a top section, which wasn’t sealed and was leaking. Landlord later filed a certificate of correction, stating that the chimney had been fixed. But DOB reinspected and found that the chimney defects continued. The ALJ fined landlord $4,800 for making a false statement in a certification of correction of a violation. Landlord appealed and lost. He claimed that he believed that the chimney had been repaired. But the chimney defects should have been obvious upon personal inspection, and landlord should have known that his statement was false.

Seemer: ECB App. No. 0900483 (2/25/10) [3-pg. doc.]