Landlord Proves Stairwell Lights Were Working

DOB issued a violation notice to landlord for failing to maintain the building. The DOB inspector noted that a stairwell at the rear of the parking yard of the building had no light at the landing, causing risk at times of emergency exits by occupants. Landlord claimed that the lights in the stairwell were working on the date of the violation, but that a tenant had turned them off using one main switch. Landlord's husband, who had an office in the building, also testified that the lights were working on that day. Landlord also submitted statements from other tenants saying that the lights were always in good working order. The ALJ ruled against landlord and fined her $800. Landlord appealed and won. Landlord presented sufficient proof that the stairwell lights were working on the date of the violation.

Weinbach: ECB App. No. 46904 (10/29/09) [2-pg. doc.]