Landlord Fined $2,800 for Building Cracks and Deteriorated Fire Escape

DOB issued two violation notices to landlord, for failing to maintain building walls and appurtenances, and failing to maintain the building in a code-compliant manner. DOB's inspector observed a large crack starting from the second-floor fire escape and working its way down, right above an MTA subway entrance. There also were large cracks on the building's rear wall. The wall was cracking in multiple spots despite attempts to patch it with stucco. DOB also found that the building's fire escape was deteriorated and rusted. At a hearing, landlord hadn't yet received a DOB certificate of correction but submitted copies of its contractor's proposal for correction, photographs, and a DOB work permit for correcting both violations. Landlord requested mitigated penalties based on its work to correct the violations.

The ALJ ruled against landlord and fined him full penalties totalling $2,812. Landlord appealed and lost. It was no defense that landlord corrected the conditions after the violations were issued. Financial hardship also wasn't a defense.

DOB v. Rahman: ECB App. Nos. 2100550, 2100589 (6/24/21) [2-pg. doc.]