Landlord Didn't File Correction Certificate on Time

DOB issued landlord a violation notice for not filing a compliance report for its building's fire-protection systems. Landlord asked the ALJ to waive the fine, claiming it had mailed DOB a correction certificate. The ALJ ruled for landlord and waived the fine. It found that landlord had corrected the condition, and had certified the correction on time. DOB appealed, arguing that landlord should be liable for the fine because the agency never got the correction certificate. Landlord loses. To get the penalty waived, landlord must prove that DOB got the correction certificate on time. In this case, landlord's only proof was its unsupported testimony that the correction certificate had been mailed.

City of New York v. Migdal Rlty. Corp.: ECB App. No. 19692 (5/25/94) [2-page document]