Prior Violation for Pre-Existing Deck and Canopy Were Dismissed

DOB issued a violation notice to landlord for installing a wood deck behind its building, along with an overhead wooden canopy. Landlord claimed that a prior violation for the same item had been dismissed and that the condition existed when he bought the building. The ALJ ruled against landlord and fined it $800. Landlord appealed and won. Landlord had received a prior violation for the same conditions and demonstrated with deeds and notarized letters from a tenant and neighbor that the deck and canopy were there when it bought the building. DOB can't give landlord a new violation for the same condition after the first one was dismissed and never appealed.

1962 Realty LLC: ECB App. No. 1200071 (4/25/13) [3-pg. doc.]