Landlord Must Safeguard Vacant Building

DOB issued a violation notice to landlord for failing to maintain a vacant building. DOB observed that the building interior was in disrepair and that the second-floor ceiling was open. Landlord claimed that vandals had cut into the ceiling to steal copper piping and that he had repaired the hole right away after reporting a break-in. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. Landlord didn't submit any proof of criminal activity such as a police report. And an absentee landlord must still safeguard an unoccupied building. Vandalism wasn't a defense. ECB fined landlord $500.

Brauner: ECB App. No. 1400504 (7/31/14) [1-pg. doc.]