Landlord Responsible for Unauthorized Occupancy of Cellar

DOB issued a violation notice to landlord based on the use of the building's cellar for sleeping quarters. Landlord claimed that he didn't know that anyone was sleeping in the cellar of the building. The ALJ ruled for landlord, finding that landlord wasn't responsible for any unauthorized occupancy he didn't know about. DOB appealed. ECB ruled for DOB and fined landlord $800. N.Y.C. Administrative Code Section 27-128 states that landlord is responsible at all times for the safe maintenance of the building and its facilities. Landlord was responsible for the violation even if he didn't cause it, consent to it, or have knowledge of it. The fact that landlord was away at the time of the violation and that his cleaning person may have caused it wasn't a defense.

Takos: ECB App. No. 42893 (10/25/07) [1-pg. doc.]