Portions of Exterior Wall in Danger of Falling

DOB issued a violation notice to landlord for failing to maintain an exterior wall. DOB's inspector noted that exterior cast-iron walls at two corners of the building were in poor condition with pieces ready to fall. Landlord argued that the wall defects had been caused by the demolition of an adjoining building, and weren't an immediately hazardous condition. DOB's inspector testified that the wall defects weren't caused by the neighboring demolition, but were due to disrepair at landlord's building over time. The ALJ ruled against landlord, found the condition immediately hazardous, and fined landlord $1,000. Landlord appealed and lost. There was no proof that the demolition next door caused the wall defects. And even if it had caused the damage to landlord's walls, landlord was still responsible for correcting the condition.

72 Grand Partners: ECB App. No. 1100413 (7/21/11) [3-pg. doc.]