Vacant Building Left Unguarded

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The inspector noted that the building was vacant and that several windows from the third to the fifth floor were open and unguarded. Landlord claimed he tried to address the condition, but couldn't make any repairs while a loan application was pending. Landlord got the loan and began building rehab work about two weeks after the violation was issued. The ALJ ruled for landlord and dismissed the violation. DOB appealed. The ECB ruled for DOB and fined landlord $800. Neither the neglect of landlord's prior management company nor the fact that landlord was seeking financing excused landlord at any time from complying with its duty to keep the building in a safe condition.

Dirienzo: ECB App. No. 42711 (3/30/06) [2-pg. doc.]