Tenant Padlocked Security Gate on Second Apartment Door

DOB issued a violation notice to landlord for failing to maintain his building in a code-compliant manner. DOB found a padlock on a security gate on the rear bedroom door obstructing a second means of egress for tenant of the first-floor rear apartment. The apartment windows also were blocked with metal bars and air-conditioning unit sleeves, creating a hazardous condition. Landlord claimed that tenant had installed the padlock and security gate, as well as the metal bars and A/C sleeves, without landlord's knowledge. He told tenant to remove these obstructions, and she sent a notarized letter claiming that she had done so. The ALJ ruled against landlord, finding no defense to the violation. Landlord was fined $1,200. Landlord appealed and lost. Landlord was ultimately responsible for keeping the building in a code-compliant manner, even if tenant caused the violation.

Cohen: ECB App. No. 1400087 (4/24/14) [3-pg. doc.]