Separate Violations Properly Issued for Conditions in Two Apartments

DOB issued two violation notices to landlord for failing to maintain a building in a safe condition. The first violation was based on a collapsing ceiling in an apartment bathroom. The second violation, issued on the same day, was based on a sagging bathtub in another apartment on the same floor of the building. The ALJ dismissed the violation for the collapsing ceiling, finding that both apartments should be covered under one violation for failing to maintain the building in a safe condition. DOB appealed. ECB ruled for DOB and fined landlord $2,000. N.Y.C. Administrative Code Section 27-127 requires that all buildings and all parts of a building be maintained in a safe condition. The two violations cited conditions in separate apartments of the building. Therefore, they were separate violations and DOB properly issued two violation notices.

SC 2284 LLC: ECB App. No. 46249 (10/25/07) [1-pg. doc.]