Landlord Fined $2,500 for Work Without Permit, No Proof Emergency Application Was Filed

DOB issued a violation notice to landlord for performing work at a building without a permit. DOB's inspector observed a vacant, two-story building with the entrance door closed. But he saw a new extended sloped roof with an attic and new rafters. This work without a permit created unsafe conditions. At a hearing, landlord denied the violation and stated that emergency work was performed for several days to remedy unsafe conditions. The roof had been structurally compromised by raccoons chewing through it and living in the attic space. Landlord said he filed an emergency permit application with DOB two days after doing the work but never received a response. DOB stated it had no record of any emergency application.

The ALJ ruled against landlord and fined him $2,500. Landlord appealed and lost. ECB affirmed the violation for a different reason. Landlord neither refuted DOB's claim nor established a defense. DOB online records also confirmed that landlord failed to complete the emergency application he started filing. 

DOB v. Delaney: ECB App. No. 2200538 (7/28/22)[3-pg. document]