Landlord Not Responsible for Defects in Roof Construction

DOB issued a violation notice to landlord for not maintaining the building in a safe condition after a ceiling collapsed in tenant's apartment. Landlord claimed that it wasn't responsible for the roof defect that caused the ceiling damage. The ALJ ruled against landlord and fined it $800. Landlord appealed. Landlord submitted a letter from a structural engineer stating that there was no visible roof or parapet wall damage seen during regular maintenance. The roof defect was in the original construction and wasn't due to a failure to maintain the building. ECB ruled for landlord and revoked the fine.

310 W. 95th St. Assocs.: ECB App. No. 34206 (1/30/01) [3-pg. doc.]