Landlord Fined for Falsely Certifying Violation Correction

DOB issued a violation notice to landlord for failing to maintain an elevator. Among other defects, the machine space light on one level was damaged, and there was exposed wiring underneath the controller and by the transformer. Later DOB issued another violation to landlord for filing a false certificate of correction with DOB. At a hearing, landlord's super testified that he relied on representations from the elevator company that the violation had been corrected. The ALJ ruled for landlord and dismissed the violation. DOB appealed. ECB ruled for DOB and fined landlord $2,500. A letter from the elevator company stated that exposed wires had been corrected. But regarding the damaged machine space lighting, the company stated that landlord was to correct that condition. While it may have been reasonable for the super to rely on the elevator's statements that a portion of the defects was repaired, the letter clearly indicated that landlord was to make other repairs. So landlord must have been aware that the machine space lighting hadn't been repaired, and the super knowingly falsified the certificate of correction.

Diversified Mgt.: ECB App. No. 46875 (8/14/08) [3-pg. doc.]