DOB Made Sufficient Effort to Serve Violation Notice Personally

DOB issued a violation notice to landlord for failing to maintain an elevator in safe condition. DOB's inspector found the elevator to be inoperative, and identified the finding as a recurring condition. At a hearing, landlord argued that the violation notice wasn't properly served. The ALJ agreed and dismissed the violation.

DOB appealed and won. DOB's inspector made a reasonable attempt at service before posting the violation notice on the building and mailing a copy. At the time of inspection, DOB inquired at the main entrance, but wasn't required to search the building, which appeared empty, in order to find an individual authorized to accept service. DOB's inspector also said that he walked around the building but was unable to locate an authorized person. There also was no proof that there was any management office at the building. So, the OATH appeals unit reinstated the violation and fined landlord $3,125.

DOB v. Kabala Management: ECB App. No. 2100816 (9/23/21)[3-pg. document]