Landlord Tried to Get Access for Repairs

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. An inspection showed that the support beams in the rear basement were cut, structurally unsafe, and could cause collapse of the first floor. Landlord claimed that it couldn't correct the violation immediately because there was an illegal tenant in the basement. The ALJ ruled against landlord, and landlord appealed. Landlord showed that before issuance of the violation notice, she had repeatedly sought access to the basement for repairs, but tenant had denied access. Landlord eventually sued tenant to gain access. ECB ruled for landlord, since she did everything possible to maintain the building in a safe condition.

Gerontis: ECB App. No. 33942 (1/30/01) [2-pg. doc.]