Landlord Operated Sealed Boiler

The DOB issued a violation notice to landlord for operating a sealed boiler. Landlord, the building's managing agent, claimed that it wasn't the proper party to be cited and that the condition had been promptly repaired. A DOB inspector had sealed the boiler. Somehow the seal had been removed, and the building superintendent assumed the inspector had done so. He operated the sealed boiler until the mistake was discovered and the condition corrected. The ALJ found that landlord was responsible and imposed a penalty of $2,500. Landlord's appeal was dismissed by the ECB. The superintendent should have called the DOB before starting the boiler.

City of New York v. R and R Management: ECB App. No. 8885 (5/27/92) [3-page document]