ALJ Didn't Advise Landlord of Right to Counsel

DOB issued violation notices to landlord for work without a permit and for altering a residence for occupancy from two families to eight. The ALJ ruled against landlord and fined him $49,000. Landlord appealed, and the case was reopened. Landlord pointed out that the ALJ failed to advise landlord's non-attorney representative that landlord had a right to be represented by an attorney. The ALJ also didn't ask landlord's representative in what capacity he represented landlord. In this case, an attorney could have helped landlord to question statements made by DOB. ECB waived the penalty and sent the case back for a new hearing. If landlord didn't appear, the penalty would be reinstated.

Chen: ECB App. No. 1200224 (6/27/13) [1-pg. doc.]