Landlord Not Notified About Sagging Ceiling

The DOB issued a violation notice to landlord for not maintaining the building. The notice stated that there was a sagging ceiling in the basement apartment. The ALJ fined landlord $200, and landlord appealed. Landlord pointed out that the building was being renovated. The basement was the only unit that was occupied. The sagging ceiling was caused by miscalculations of the landlord's contractor. Tenant had denied landlord access to make immediate repairs. The ALJ ruled for landlord, and revoked the penalty. Landlord was aware of the age and weakened condition of the building, and was making repairs. The ceiling began to sag only a day before the violation notice had been issued. And tenant didn't notify landlord or the contractor about the problem. Instead, tenant complained directly to the DOB. So, the defect didn't occur as a result of landlord's failure to maintain the building in a safe condition.

City of New York v. McMickens: ECB App. No. 8903 (12/9/92) [2-page document]