Loft Tenant Violated Fire Code by Blocking Sprinkler System

June 17, 2016

LVT Number: #27021

Loft tenant appealed a decision by ECB that reinstated a violation against her for obstructing the sprinkler system in her loft unit in violation of the NYC Fire Code and fined tenant $475. The court denied tenant’s Article 78 appeal and confirmed the violation. ECB’s finding that tenant installed a free-standing structure with a temporary ceiling that obstructed the sprinkler system in violation of the Fire Code was supported by substantial evidence.

Loft tenant appealed a decision by ECB that reinstated a violation against her for obstructing the sprinkler system in her loft unit in violation of the NYC Fire Code and fined tenant $475. The court denied tenant’s Article 78 appeal and confirmed the violation. ECB’s finding that tenant installed a free-standing structure with a temporary ceiling that obstructed the sprinkler system in violation of the Fire Code was supported by substantial evidence. The Loft Law didn’t preempt enforcement of the Fire Code, and no section of the Loft Law expressly barred enforcement of the fire safety regulations against tenants who created new fire hazards.

 

 

 
Pels v. NYC ECB: 29 N.Y.S.3d 164, 2016 NY Slip Op 03431 (App. Div. 1 Dept.; 5/3/16; Tom, JP, Renwick, Richter, Kapnick, Webber, JJ)

Topics

More like this