Duplicate Violations Issued

LVT Number: 12709

DOS issued a violation notice to landlord for a dirty sidewalk. The violation notice was dated July 22, 1996, at 9:10 a.m. Landlord claimed that this was a duplicate notice. A prior notice had been issued for the same condition on the same date at 9:00 a.m. The ALJ ruled against landlord and fined it $50. The ALJ found that the addresses on the two notices were different. One was issued for 733 Arnow Avenue, and the other for 739 Arnow Avenue. Landlord appealed and showed that 733--739 Arnow Avenue was one building with one deed. ECB ruled for landlord and revoked the second fine.

DOS issued a violation notice to landlord for a dirty sidewalk. The violation notice was dated July 22, 1996, at 9:10 a.m. Landlord claimed that this was a duplicate notice. A prior notice had been issued for the same condition on the same date at 9:00 a.m. The ALJ ruled against landlord and fined it $50. The ALJ found that the addresses on the two notices were different. One was issued for 733 Arnow Avenue, and the other for 739 Arnow Avenue. Landlord appealed and showed that 733--739 Arnow Avenue was one building with one deed. ECB ruled for landlord and revoked the second fine. The Bronx Real Estate Directory confirmed landlord's description of the building. The second violation was improperly issued for the same building for the same violation only 10 minutes after the first.

733 Arnow Realty Co.: ECB App. No. 27012 (10/29/97) [2-page document]

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