Landlord Fined for Uncertified Heating Units at Loft Building

DOB issued three violation notices to landlord based on unauthorized heating units found suspended from the ceilings of three loft apartments in the building. Landlord argued that the illegal units were in place when it bought the building and that it had been diligently attempting to legalize the heating units since 2008 despite administrative delays at DOB and the Loft Board. The ALJ ruled against landlord and fined it $3,100. Landlord appealed and lost. Landlord didn't dispute that the heating units in the three residential units were installed in unauthorized locations, that gas flexible connectors were installed on the first- and second-floor heating units and the second-floor hot water heater, or that the gas piping at the building had not been inspected or certified by DOB before gas was introduced into the system.  A preexisting condition is not a defense to a charge of failure to maintain the building in a code-compliant manner, or failing to have testing, inspection, and certification by DOB for installed fixtures or systems. Regardless of who installed the heating units, their location in the sleeping areas of residential units and the use of gas flexible connectors was not authorized, and testing and certification of the gas piping was required to be done before gas was introduced into the system. 

79 Warren Associates: ECB App. No. 1400574 (9/18/14) [4-pg. doc.]