Landlord Not Responsible for Violations While Building in Receivership

DOS issued 13 notices to landlord for various violations of the Sanitation Code and recycling rules. Landlord claimed that on the dates the violations were issued, the building was in receivership in connection with a foreclosure proceeding, and that he had no control over the management of the building. Landlord presented a copy of a court order appointing a receiver dated June 7, 2000. The ALJ ruled against landlord. Although the court order barred landlord from interfering with the building, DTF records showed that landlord didn't seal the building until March 14, 2003. The ALJ found that landlord regained control of the building some time between June 2000 and January 2003 and therefore was responsible for the violations. Landlord was fined $500. Landlord appealed and won. On the dates of the violations, landlord was prevented by a court order from complying with the Sanitation Code and recycling rules. The court order also required the receiver to comply with all legal requirements. Landlord had no control over the management of the building at the time of the violations and can't be held liable. The fine was revoked.

Robinson: ECB App. Nos. 44074-44086 (1/17/08) [3-pg. doc.]