Landlord Fined $11,000 for Replacing Water Tank Without Permit

DOB issued violation notices to landlord for installing a rooftop water tank without a permit, failing to have a new or altered plumbing system tested, and failing to certify correction of these violations. Landlord argued that replacement of the old water tank was a repair that didn't require a permit or testing. The ALJ ruled against landlord and fined it $11,000.

Landlord appealed and lost. Administrative Code Section 28-105.1 makes it illegal to remove or replace any plumbing system until a written permit is issued by DOB. And, while Code Section 28-105.4 provides that permits aren't required for minor alterations and ordinary repairs, the code excludes from minor repairs most plumbing repair or replacement. Replacement of the water tank wasn't an ordinary repair. And, even if the tank replacement was ordinary plumbing work, landlord was required to file monthly progress reports and a certification with DOB in order to be exempt from the permit and testing requirements.

Big Apple Corporation: ECB App. No. 1701157 (12/14/17) [4-pg. doc.]