Landlord Didn't Exhaust Administrative Remedies

December 1, 2003

LVT Number: 16974

Landlord sued the City of New York in small claims court. Landlord sought reimbursement of $1,500 in penalties that it claimed were wrongly imposed by DOB for not filing boiler inspection reports. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord should have filed an administrative appeal of DOB's ruling or a court case to appeal DOB's final ruling. Landlord didn't do so. So it didn't exhaust its administrative remedies.

Landlord sued the City of New York in small claims court. Landlord sought reimbursement of $1,500 in penalties that it claimed were wrongly imposed by DOB for not filing boiler inspection reports. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord should have filed an administrative appeal of DOB's ruling or a court case to appeal DOB's final ruling. Landlord didn't do so. So it didn't exhaust its administrative remedies.

Kumbec 71 TA Corp. v. The City of New York: NYLJ, 11/12/03, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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