Violation Corrected After Deadline

The Fire Department issued a violation notice to landlord for not providing fireproof partitions or walls at the ceiling of the boiler room. The inspection date was 4/13/95, the certification date was 5/18/95, and the scheduled hearing date was 5/30/95. At the hearing, landlord claimed that the violation had been corrected. Still, the ALJ fined landlord $150 because no certificate of correction was filed. Landlord appealed, claiming that the violation was corrected promptly and that he was a senior citizen on a fixed income. ECB ruled against landlord. Correction of the violation was required by 5/18/95. Landlord corrected the condition four days later. So the penalty was proper. Landlord's financial status wasn't a factor to be considered.

Stein: ECB App. No. 23326 (12/11/96) [2-page document]