Individual Who Still Got Property Tax Bills Was Properly Named Owner in Violation Notice

DOB issued two violation notices to landlord, for failing to comply with the governor's executive orders and stopping all work and for work without a permit. Despite a halt on work during part of 2020, DOB's inspector observed construction and demolition activities by 11 workers on the first and second floor of landlord's building. And no permit had been issued for interior demolition work in progress on the second floor level of partition walls, which created an unsafe condition. The landlord named in the violation notices asked the ALJ to dismiss the violations because he wasn't a proper party. He said he'd transferred his interest in the building to another entity in 1995.

The ALJ ruled against landlord and fined him $7,500. NYC Dept. of Finance (DOF) records showed landlord to be the "owner" of the building for purposes of property tax bills and notices of property valuation.

Landlord appealed and lost. Admin. Code Section 28-101.5 defined an "owner" as "any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of the premises." DOF tax records identified landlord as owner of the building for tax year 2020-21, more than 25 years after he transferred legal ownership to GGBH. This was proof of his continued control of the premises, which he didn't deny. 

DOB v. Greenfield: ECB App. No. 2100698 (8/19/21)[3-pg. document]