Permit Required for Sheetrock Wall

LVT Number: 6756

The DOB issued two violations to landlord for performing work without a permit by erecting sheetrock walls in two apartments. Landlord argued that tenants had erected the walls without permission. Landlord had applied for a variance to try to legalize the work, but its application was denied. Tenants refused to give landlord access to remove the walls. Landlord's eviction proceedings against tenants were still pending. The ALJ dismissed the charges against landlord, noting that another ALJ had dismissed charges based on the same violations.

The DOB issued two violations to landlord for performing work without a permit by erecting sheetrock walls in two apartments. Landlord argued that tenants had erected the walls without permission. Landlord had applied for a variance to try to legalize the work, but its application was denied. Tenants refused to give landlord access to remove the walls. Landlord's eviction proceedings against tenants were still pending. The ALJ dismissed the charges against landlord, noting that another ALJ had dismissed charges based on the same violations. The DOB appealed, claiming that landlord should be fined $200 because he admitted the violations existed and, as owner, he was responsible for conditions within the apartments. The ECB ruled for the DOB. Landlord is responsible for the condition, even if correction is currently impossible. The prior ECB dismissal of charges isn't binding

[City of New York v. Jack Resnick & Sons, Inc.: ECB App. No. 7325 (9/11/91)]. 3-page document.

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