Tenant Wouldn't Allow Access for Repair of Unsafe Condition

June 30, 1999

LVT Number: 13322

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The notice state that bricks had fallen from the water tower enclosure wall onto part of the terrace roof of a penthouse apartment, leaving a hole that wasn't repaired. Landlord claimed that the penthouse tenant wouldn't cooperate in permitting repairs. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Landlord had shown that the damage was caused by tenant placing heavy concrete tree planters on the roof.

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The notice state that bricks had fallen from the water tower enclosure wall onto part of the terrace roof of a penthouse apartment, leaving a hole that wasn't repaired. Landlord claimed that the penthouse tenant wouldn't cooperate in permitting repairs. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Landlord had shown that the damage was caused by tenant placing heavy concrete tree planters on the roof. Landlord couldn't repair the roof until the planters were removed. Landlord had started a court case against tenant for access, and the case was still pending.

Edelman: ECB App. No. 30252 (2/24/99) [3-pg. doc.]

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