Landlord Fined $1,600 for Rooftop HVAC Work Performed Without a Permit

DOB issued a violation notice to landlord for performing electrical work without a permit. DOB's inspector observed HVAC units installed on the building's roof, as well as outlets, switches, fixtures, and panels in two apartments. But DOB had no application on file for electrical work. At a hearing, landlord denied the charges and presented copies of a DOB work permit. Landlord showed that it had a permit to do the apartment work but not the roof HVAC work. Landlord claimed that the roof work had been done before it bought the building and was therefore a preexisting condition it wasn't responsible for.

The ALJ ruled against landlord and fined it $1,600. Landlord appealed and lost. On appeal, landlord submitted additional permits that it claimed covered the roof HVAC work. But ECB found that landlord failed to establish a defense to the charge that the HVAC units were installed on the roof without a permit. Since landlord claimed that the HVAC work was a preexisting condition, it needed to show that the condition existed before it owned the building. Since landlord failed to do so, the violation correctly remained in place.

DOB v. MP 14th Street Property LLC: ECB App. No. 2100413 (6/24/21) [2-pg. doc.]