Landlord Performed Electrical Work Without a Permit

DOB issued violation notices to landlord for work without a permit, failure to maintain the building in a safe and Code-compliant condition, and failing to comply with a prior DOB order. DOB's inspector found electrical conduits, breaker panels, junction boxes, lighting, and switches installed in the building without a permit. In the cellar, he saw missing fire-rated material in the ceiling and around penetrations, as well as open light fixtures and circuit breaker panel. A prior violation notice had directed landlord to correct these conditions and file a certificate of correction. Landlord claimed that it had performed the cited work with a permit, and submitted a 2006 electrical application with 2007 DOB sign-off and invoices for the work done. DOB's inspector testified that the materials he saw looked new and that the DOB wouldn't have signed off on the defective work that he observed, which included missing panels and exposed wiring. The ALJ ruled against landlord and fined it $3,400.

Landlord appealed and lost. Landlord's evidence was insufficient to prove that the work in question was performed under the 2006 permit. The DOB inspector had submitted photographs showing holes in the walls, uncovered junction boxes, and loose wires that were exposed and hanging. The DOB inspector also credibly testified that the work appeared new and wouldn't have passed DOB inspection and sign-off.

Western Horizon Realty: ECB App. No. 1300216 (5/30/13) [5-pg. doc.]