Landlord Fined for Basement Gas Piping Alterations

DOB issued a violation notice to landlord after finding several future connections on the gas piping in a building's basement. Landlord sought an adjournment at a hearing in order to produce its plumber as a witness, but the ALJ ruled against landlord since it had already been granted one adjournment and the violation was now six months old. Landlord also wished to question DOB's inspector, who did not appear on the hearing date. The ALJ fined landlord $800.

Landlord appealed and lost. The ALJ properly denied landlord's request for further adjournment. Landlord didn't explain how the inspector's testimony was needed to help it refute the violation or present a defense. Landlord showed photographs of the pipe and said it wasn't receiving gas. But the fact that the pipes weren't receiving gas wasn't a defense to a charge concerning configuration of the gas pipes. The ALJ also had granted landlord a prior adjournment to bring in its plumber, and landlord didn't explain how the plumber's testimony was necessary. Amendment of the charge to a Class 2 violation at the hearing also didn't deny landlord proper notice, since it didn't change the charge and reduced the fine.

941 Intervale Avenue LLC: ECB App. No. 1700867 (10/5/17) [4-pg. doc.]