No Proof Exposed Water, Waste, and Gas Lines Were Pre-Existing Condition

DOB issued two violation notices to landlord. One was for installing exposed cellar gas and waste lines for a washer and dryer without a permit. The second notice was for failing to correct these conditions. Landlord claimed that the water, waste, and gas lines existed in 1979 when he bought the property, which was a condominium unit. The ALJ ruled against landlord and fined him $3,400. Landlord appealed and lost. Landlord's evidence was insufficient to prove that the water, waste, and gas lines existed prior to his ownership of the property. The only proof of a pre-existing condition was an affidavit from the condo manager. But the manager stated only that, to the best of his knowledge, the washer and dryer connections in the cellar of each unit, as well as the waste and gas lines, were installed between 1978 and 1979, when the building was built. These statements were general and not based on personal knowledge. Since landlord failed to prove that the conditions were pre-existing, ECB didn't address his other claim that the laundry room facilities were ordinary use of a cellar.

Abe S. Chouake Revocable Trust: ECB App. No. 1201237 (2/28/13) [3-pg. doc.]