Landlord Can't Get Third Delay of Hearing

DOB issued a violation notice to landlord for not maintaining the exterior building wall. The June 1995 notice designated the violation as hazardous. The ALJ granted landlord two delays to prepare a defense to the violation notice. Landlord then asked for a third delay. The ALJ ruled against landlord and fined him $800. Landlord appealed, claiming that the second delay wasn't marked ''final'' by the ALJ. ECB ruled against landlord. The record showed that the case was marked ''final'' after the ALJ granted the second delay. Landlord had an attorney but was given four weeks to hire a substitute since the first attorney couldn't appear for the hearing. Landlord didn't have valid reason for a third delay, especially since the condition was hazardous.

Greenberg: ECB App. No. 25524 (4/30/97) [2-page document]