Landlord Filed False Certificate of Elevator Condition Correction

DOB issued a violation notice to landlord for filing a false certificate of correction. Previously, DOB had issued a violation for landlord's failure to maintain the building’s elevator. The elevator machine room door didn’t have a working lock or a sign indicating “machine room.” Although landlord filed a certificate of correction, DOB reinspection showed that the conditions still existed. Landlord claimed that it relied on its contractor’s statements and didn’t knowingly file a false certificate. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that it didn’t matter whether landlord knew the certificate of correction was false. ECB ruled for DOB and fined landlord $2,500. Building Code Section 26-124(b) does require DOB to prove that landlord knowingly filed the false certification. But landlord’s claim that it didn’t know that the violation continued wasn’t believable. Landlord’s own inspection could have shown whether a machine room sign had been posted and whether the lock on the machine room door had been fixed. Landlord either knew or should have known that the certificate of correction was false.

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