Incorrect Owner Name on Violation Was Harmless Error

The Fire Department issued a violation notice to landlord for failing to properly maintain and operate a standpipe system. Landlord claimed that the owner wasn't properly named in the violation notice, so the violation was invalid. The ALJ ruled against landlord, finding harmless error, and allowed the Fire Department to amend the name on the notice. Landlord also claimed that the violation had been corrected. The ALJ fined landlord $1,750. Landlord appealed and lost. Landlord's name on the violation notice need not be precisely written as long as it provides due process and makes clear what entity is being charged. Here, the notice named the correct place of occurrence and ownership of the building by landlord wasn't in dispute. The fact that the notice named "750 W. 79th Street Corp." instead of "150 W. 79th Corp." created no harm to landlord. Landlord didn't show there was any confusion over who was being charged and didn't claim nonreceipt. 

150 West 79th Street: ECB App. No. 1400568 (8/28/14) [3-pg. doc.]