Landlord Making Repairs Under SWARMP Program

DOB issued a violation notice to landlord for failing to maintain a building's exterior walls and appurtenances in a safe condition. On March 11, 2014, DOB's inspector saw spalled stonework at the fifth-floor balcony coping and at the cracked animal head ornament near the fourth-floor balcony. The violation indicated that this was a recurring condition. Landlord's architect submitted photographs and testified that he had submitted a Cycle 7 Technical Report (TR 6) that identified all the cited conditions as safe with a repair and maintenance program (SWARMP). The report recommended that all repairs be completed by April 30, 2014. DOB also had accepted the TR 6 on Oct. 12, 2012. At the time of the violation, landlord still had more than a month left to make the repairs. The architect also had inspected the conditions and found nothing unsafe. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. The conditions cited in the violation were the same conditions that were the subject of the SWARMP. Landlord had identified these conditions as safe in 2012 but requiring repair within five years to prevent deterioration. Landlord was on schedule to complete the repairs, and DOB couldn't issue a violation for the same conditions while landlord was within the compliance period of its TR 6 report.

Jewish Theological Seminary: ECB App. No. 1400706 (9/11/14) [4-pg. doc.]