Vacating Tenant Blocked Hallways with Abandoned Property

DOB issued a violation notice to landlord for obstruction of an exit passageway. The DOB inspector noted that he saw air conditioners and bicycles blocking the second means of egress for a first-floor apartment. He also said that radiators and household items blocked the exit passage of a fourth-floor apartment. Landlord claimed that the fourth-floor tenant had moved out the day before the violation was issued and had abandoned these items in the building. Landlord also argued that the radiators didn’t block any doorway and that the items were removed immediately. The ALJ ruled against landlord and fined him $1,200. Landlord appealed and lost. The law required landlord to keep exit passageways clear at all times. It was no defense that the hallways were temporarily or partially obstructed.

Rosenshein: ECB App. No. 1200389 (8/30/12) [2-pg. doc.]