Landlord Responsible for Violations Despite Disputed Ownership

DOB issued two violation notices to landlord, based on work without a permit. DOB found construction of a concrete masonry wall at the back of the building and full-height partitions with electrical and plumbing lines on the third floor. DOB claimed that landlord hadn't corrected the violations. Landlord claimed that ownership of the building was in dispute and he had no access. Prior landlord had defaulted on a mortgage, but after the deed was transferred to landlord in 2008, prior landlord sued, claiming that he still owned the building. The ALJ ruled against DOB and dismissed the violations. DOB appealed and won. As the title owner, landlord was responsible for correction of the cited conditions. Landlord didn't show that it took any action to gain access to the building to correct the violations after the first violation was issued in 2008. There also was no proof of any court order barring landlord from obtaining access to the building. Landlord was fined $12,000.

Warminister Investors Corp.: ECB App. No. 1100641 (12/15/11) [3-pg. doc.]