Landlord Proves Facade Violation in Error

DOB issued a violation notice to landlord for failing to maintain an exterior building wall. The notice stated that the front eastside of the building stone facade was chipping away and in danger of falling over the entrance door. The notice said that the violation was hazardous. Landlord said that the facade had been repaired in March 2002, six months before the violation was issued. The ALJ ruled against landlord and fined her $800. Landlord appealed. Landlord again claimed that facade work had been done and any remaining defects weren't hazardous. Landlord's contractor had testified that he used a darker mortar than the existing mortar when he made the March 2002 repairs. This made it look as though there were facade defects, although there weren't any. ECB ruled for landlord. The DOB inspector admitted that he didn't get close enough to the facade to see whether any part of it was loose. The testimony of landlord and her contractor was believable, and landlord showed that there was no hazardous violation.

Gagen: ECB App. No. 41367 (5/29/08) [3-pg. doc.]