New Landlord Not Liable for Pre-Existing Violation

LVT Number: 8350

DOB issued a violation notice to landlord for constructing a 12 ft. by 30 ft. room without a permit. Landlord showed that the room was there when he bought the building. The ALJ ruled for landlord and dismissed the violation. The DOB appealed, arguing that landlord was responsible for legalizing all violations, regardless of who caused them. ECB ruled against DOB. Landlord isn't liable for prior owner's failure to get a permit for the work cited.

DOB issued a violation notice to landlord for constructing a 12 ft. by 30 ft. room without a permit. Landlord showed that the room was there when he bought the building. The ALJ ruled for landlord and dismissed the violation. The DOB appealed, arguing that landlord was responsible for legalizing all violations, regardless of who caused them. ECB ruled against DOB. Landlord isn't liable for prior owner's failure to get a permit for the work cited.

City of New York v. Reichman: ECB App. No. 11831 (6/30/93) [1-page document]

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