Landlord Fined $26,000 for Not Having Proper Fire Alarm System

DOB issued five violation notices to landlord based on failure to install a code-compliant fire alarm system in an apartment building used for transient occupancy. DOB also sought aggravated penalties because this was a recurring condition. DOB's inspector testified that he spoke with two guests renting one apartment for a four-day stay. The ALJ ruled for DOB and fined landlord $26,000 for the combined violations.

Landlord appealed and lost. Landlord contested only the enhanced penalty of $6,250, claiming that DOB couldn't prove a recurring condition. But 1 RCNY 102-01(f)(1) permits imposition of an "Agg I" penalty when evidence shows that the same condition or the same charge under the Construction Codes was found in a prior enforcement action against the same owner during the prior three years. A prior summons for an identical Class 1 BC Section 907.2.8 charge was issued to landlord and showed a recurring condition of failure to provide a fire alarm system for transient use.

DOB v. First 177 Madison LLC: ECB App. No. 1901382 (11/21/19) [1-pg. doc.]