Tenants Denied Access for Repairs to Roof Beams

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The third-floor roof beams needed replacement due to a building fire a week earlier. Landlord claimed that only patch work could be done until tenants moved out of the affected apartment. Landlord claimed that tenants refused to do so, even after being offered moving expenses. Tenants then refused further access to the apartment. Landlord had sent a termination notice to tenants in light of their refusal to move or give access. The ALJ ruled against landlord and fined him $350. Landlord appealed and submitted more proof of his attempts to make repairs. ECB ruled for landlord and revoked the fine. The fire wasn't landlord's fault, and landlord attempted to correct the condition. Tenants' failure to give access excused landlord from charges that he didn't maintain the building in a safe condition.

Alleyne: ECB App. No. 21701 (12/11/96) [2-page document]