Landlord Didn't Certify Correction of 10-Year-Old DOB Vacate Order

DOB issued two violation notices to landlord for failure to comply with a prior order and to file a certificate of correction. In 2009, the DOB had issued a vacate order for the apartment after a fire. But recently an inspector had found that the third-floor apartment was occupied with beds and personal belongings in two bedrooms, the living room, and kitchen. Landlord stated that he believed that the 2009 vacate order had been rescinded shortly thereafter, that DOB issued permits for repairs needed, and that the apartment had been re-rented for nearly 10 years. Landlord submitted a letter from DOB dated Aug. 29, 2019, which stated that the 2009 vacate order was rescinded.

The ALJ ruled against landlord and find it $5,000. Landlord appealed and lost. Landlord now submitted a letter from HPD dated Jan. 4, 2010, stating that the 2009 vacate order was rescinded on Dec. 30, 2009. But ECB wouldn't consider new evidence submitted on appeal. And the HPD letter indicated rescission of a different vacate order not relevant to the 2009 DOB vacate order. The 2019 DOB letter previously submitted by landlord didn't prove that landlord had complied or certified correction before the violation notices were issued. 

DOB v. Shepesh Inc.: ECB App. No. 2000143 (3/5/20) [2-pg. doc.]