DOS Proved Violation Notice Was Mailed to Landlord

DOS issued a violation notice to landlord for improperly placing nonrecyclables out for collection in a recycling container. Landlord claimed that the notice wasn't sent properly. The ALJ ruled against landlord and fined it $25. Landlord appealed, claiming that DOS didn't properly mail the notice. A form affidavit that DOS used showed that the notice was posted at the building and was marked ''two mailings.'' But there was no statement of the date of mailings or to whom the notice was mailed. ECB ruled against landlord. Landlord referred only to the posting affidavit used by DOS. This was separate from the DOS affidavit of mailing. The posting affidavit contained a reference number and a mailing date. A separate affidavit of mailing was found in the files of DOS and showed that the notice was mailed to landlord at the building and at another address within New York City.

Bedford Holdings, LP: ECB App. No. 39620 (3/25/03) [3-pg. doc.]