Landlord's Ability to Pay for Repairs Irrelevant

The DOB issued violation notices to landlord for not maintaining the exterior building wall and steel supports on the underside of the front stoop of two adjoining buildings. Landlord admitted that the violations existed, but claimed it had limited funds to pay for repairs. Landlord was a housing development fund corporation, which operated the buildings as low-income housing. Landlord had been trying to get a grant to correct the violations since 1988. Landlord had been able to get an interim loan only for another condition that HPD found required an emergency repair. The ALJ found landlord in violation and imposed fines totalling $900, and landlord appealed. The ECB denied landlord's appeal. Landlord's ability to pay for repairs is irrelevant to whether a violation exists.

City of New York v. 6264 E. 3rd Street HDFC: ECB App. No. 9102 (2/26/92) [2-page document]