Landlord Responsible for Tenant’s Installation of Illegal Lock

DOB issued a violation notice to landlord for failing to maintain the building in a code-compliant manner after its inspector saw a key locking device on the bedroom door of a tenant’s apartment leading to the rear fire escape. Landlord claimed that the disgruntled tenant installed the lock in retaliation for eviction proceedings against her. Landlord stated that the tenant repeatedly installed key locking devices on her bedroom door even after landlord removed them on three separate occasions. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. An illegal condition caused by a tenant isn't a defense to the violation. Absent a clear showing of impossibility, landlord was responsible for keeping the building in a code-compliant condition. Landlord was fined $1,000.

Wilson & Putnam LLC: ECB App. No. 1500725 (9/25/15) [3-pg. doc.]