Landlord Was Repairing Roof on Date of Violation

DOB issued a violation notice to landlord based on unsafe conditions. DOB's inspector saw rotten, buckled, sagging roof joists throughout a third-floor apartment bedroom. Landlord claimed that he was actively completing repair of the condition on the date the violation notice was issued and had started doing so two months earlier. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Landlord showed that it was in the process of correcting the condition on the date of the violation. Landlord had entered into a contract in August to perform cosmetic repairs to the bedroom ceiling. When a dangerous condition was discovered shortly thereafter, landlord's contractor shored up the ceiling and took other emergency measures. Landlord took diligent steps between August and October to correct the condition.

1032-1034 Lexington Avenue, Ltd.: ECB App. No. 47891 (5/7/09) [3-pg. doc.]