New Landlord Not Liable for Pre-Existing Violation

LVT Number: 8575

DOB issued a violation notice to landlord for constructing a concrete retaining wall without a permit. Landlord showed that the wall was there when he bought the building. He didn't do any further work to it. The ALJ ruled for landlord, and dismissed the violation. DOB appealed, claiming that new landlord was subject to any outstanding violations, and was responsible for legalizing them. ECB ruled against DOB. The law cited in the violation notice says that only the person who actually performed the work can be held responsible.

DOB issued a violation notice to landlord for constructing a concrete retaining wall without a permit. Landlord showed that the wall was there when he bought the building. He didn't do any further work to it. The ALJ ruled for landlord, and dismissed the violation. DOB appealed, claiming that new landlord was subject to any outstanding violations, and was responsible for legalizing them. ECB ruled against DOB. The law cited in the violation notice says that only the person who actually performed the work can be held responsible.

City of New York v. Armetta: ECB App. No. 11840 (9/22/93) [1-page document]

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