Stairway Landing Broken

LVT Number: 6992

The DOB issued a violation notice to landlord for not maintaining the apartment building stairway's intermediate landing platform between the first and second floors. The notice stated that the marble slab landing was broken, missing, and defective, and was temporarily covered with plywood. Landlord argued that the slab had been broken when tenant's teenage son jumped on it and that prompt repairs had been made to it. The ALJ dismissed the case, and the DOB appealed.

The DOB issued a violation notice to landlord for not maintaining the apartment building stairway's intermediate landing platform between the first and second floors. The notice stated that the marble slab landing was broken, missing, and defective, and was temporarily covered with plywood. Landlord argued that the slab had been broken when tenant's teenage son jumped on it and that prompt repairs had been made to it. The ALJ dismissed the case, and the DOB appealed. The DOB claimed that the violation notice was issued for the condition of the platform prior to the teenager's jumping accident. The slab should have supported the weight of someone jumping on it. The ECB denied the DOB's appeal. The DOB based its argument on the structural soundness of the stairway as constructed, which wasn't the basis for the violation.

City of New York v. 24 Mount Morris Park West: ECB App. No. 8443 (11/20/91) [3-page document]

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