New Landlord Responsible for Violation Caused by Prior Owner

DOB issued a violation notice to landlord for failing to test a new or altered plumbing system. DOB's inspector noted that he saw new gas piping in the building's cellar with gas being supplied and in use but no testing on file with DOB. Landlord argued that it was prior landlord's obligation to have testing done when the alteration work was performed and that therefore it wasn't responsible. The ALJ agreed and dismissed the violation. DOB appealed and won. Landlord, as property owner, ultimately is responsible for testing the new gas piping, even though it was installed by prior landlord and new landlord didn't cause, create, consent to, or have knowledge of the violation.

3015 Realty LLC: ECB App. No. 1700312 (5/18/17) [3-pg. doc.]