Tenant Denied Access for Repairs

The Fire Department issued a violation notice to landlord based on water damage to walls throughout tenant's apartment that affected electrical switches. Landlord claimed that tenant refused to give full access for repairs until a court ordered her to do so in October 2001. Before that, landlord got limited access from tenant to make some repairs only by calling the police. The ALJ ruled against landlord and fined him $225. Landlord appealed. ECB ruled for landlord in part, and reduced the fine to $75. Landlord made diligent efforts to correct the violation when tenant wouldn't give access for repairs. Under the circumstances, the penalty should be reduced.

Englander: ECB App. No. 39413 (1/17/08) [2-pg. doc.]