Landlord Not Responsible for Construction Work Cited in DOB Violation

DOB issued a violation notice to landlord for failing to maintain fire safety measures during construction. DOB's inspector found that landlord used a kitchen as a storage room for construction materials and removed an excessive amount of soil, which compromised the stability of the structure and created hazardous conditions for tenants on the second floor. Landlord claimed that no work was being done on the inspection date due to the COVID pandemic. She also denied there were construction materials in the kitchen.

The ALJ ruled against landlord, who appealed and won. Landlord wasn't responsible under BC Section 3301.2 for failing to safeguard the property from the construction and demolition work observed by DOB's inspector. Landlord had testified that a contractor performed the work, which had ceased due to the pandemic. And only a contractor, construction manager, or subcontractor engaged in building work could be charged with the cited BC violation. 

DOB v. 186 Dahill LLC: ECB App. No. 2001161 (12/10/20) [2-pg. doc.]