Roof Deck Installed Without Permit

LVT Number: 11851

DOB issued a violation notice to landlord for work without a permit. ALJ found that tenant had built a roof deck without landlord's knowledge or permission and so it was tenant's responsibility to get a work permit. ALJ ruled against DOB and dismissed the violation against landlord. DOB appealed. ECB ruled for DOB and imposed a $175 fine on landlord. Even though landlord didn't know about the roof deck construction and removed it promptly upon discovery, city law makes landlord responsible whether or not it had actual knowledge or gave permission for the work done without proper permits.

DOB issued a violation notice to landlord for work without a permit. ALJ found that tenant had built a roof deck without landlord's knowledge or permission and so it was tenant's responsibility to get a work permit. ALJ ruled against DOB and dismissed the violation against landlord. DOB appealed. ECB ruled for DOB and imposed a $175 fine on landlord. Even though landlord didn't know about the roof deck construction and removed it promptly upon discovery, city law makes landlord responsible whether or not it had actual knowledge or gave permission for the work done without proper permits. But ECB reduced the penalty imposed, given landlord's removal of the roof deck.

110 W. 14th Realty Co.: ECB App. No. 22908 (4/30/97) [2-page document]

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