New Landlord Fined $2,600 for Not Getting Boiler Gas Line Tested or Certified

DOB issued two violation notices to landlord for failing to test and inspect a new or altered gas line attached to a boiler, and for not having a DOB-certified gas line inspected and authorized for use in the building's basement. At a hearing, landlord claimed that the gas line pre-existed when it bought the building. The building's former manager, former super, and real estate broker all submitted sworn statements that the conditions were present when landlord bought the building. The ALJ found that pre-existence of these conditions wasn't a defense and fined landlord $2,600. Landlord appealed and lost. While pre-existing conditions may be a defense to a violation for work done by a prior landlord without a DOB permit, it isn't a defense to violations alleging a failure to have testing, inspection, and certification by DOB for installed fixtures or systems. 

Dutch Country Realty LLC: ECB App. No. 1701330 (2/15/18) [3-pg. doc.]