Department of Buildings Commissioner Chandler. Image credit: NYCC/William Alatriste
Licensed PE made multiple false and negligent filings with Buildings. The Department of Building brought an administrative proceeding against Scott Schnall, a licensed professional engineer, alleging that he knowingly or negligently made false statements in eleven alteration applications filed with Buildings between 2010 and 2014. Six of applications were in violation of the Zoning Resolution, the Multiple Dwelling Law, or the Administrative Code. The alteration applications filed related to six properties in Brooklyn.
On February 10, 2017, Administrative Law Judge Faye Lewis submitted a Report and Recommendation finding that Schnall had violated Administrative Code §28-211.1 because Schnall “knowingly made material false statements on three applications” and “negligently made four false statements on three other applications. Judge Lewis recommended that Schnall’s filing privileges with Buildings and his limited review and professional self-certification filing privileges be revoked. Judge Lewis further recommended that Schnall should be given the opportunity to seek reinstatement of filing privileges after a year upon the imposition of appropriate conditions, such as probation.
On February 21, 2017, Buildings Commissioner Rick D. Chandler, P.E., adopted the Report and Recommendation of Administrative Law Judge Lewis, but permanently restricted Schnall from submitting applications or other documents to Buildings. Commissioner Chandler stated that the permanent ban would not deprive Schnall of his livelihood because Schnall can still submit applications in any other jurisdiction outside of Buildings.
Buildings v. Scott Schnall, OATH Index No. 2750/15, modified on penalty, Building Commissioner (February 21, 2017).
By: Elena Dain (Elena is a student at New York Law School, Class of 2017).