Affidavit Not Required to Prove Notice Delivered

DOB issued a violation notice to landlord for not maintaining an elevator. Landlord claimed that DOB's proof of delivery of the violation notice was defective because it wasn't in the form of an affidavit (i.e., sworn to before a notary public and dated). The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that its proof of delivery was enough. ECB ruled for DOB and fined landlord $180. There is no requirement that proof of delivery of DOB's violation notice be in the form of an affidavit. DOB's proof of delivery described the time, date, place, and circumstances of posting of the violation notice.

Marolda Properties Co.: ECB App. No. 32252 (10/27/99) [2-pg. doc.]