Landlord Fined $1,250 for Padlocking Gate on Side of Building

DOB issued a violation notice to landlord for failure to maintain a building in a safe and code-compliant manner. The notice stated that there was an illegal chain and lock on passageway gates on one side of the building. The padlocked gate closed off the alleyway between landlord's building and the building next door. Landlord argued that the neighboring building contained a store where a group of men often gathered to drink. They used the passageway between the buildings to urinate and defecate, so she locked the gate. She also said that the passageway only provided direct access to the building's basement. Landlord removed the lock after receiving the violation notice.

The ALJ ruled against landlord and fined her $1,250. Landlord appealed and lost. Landlord's reason for padlocking the gate didn't excuse creating an unsafe condition. And none of the additional building exits provided an exit to the street in case of emergency from the alleyway and the side door that opened on it.

DOB v. Ganpat: ECB App. No. 1901458 (11/21/19) [3-pg. doc.]