Landlord Filed Challenge on Time

June 30, 2001

LVT Number: 15060

DOB issued a violation notice to landlord for illegally altering a one-family house to include three single-room occupancies on the first floor and three in the basement. Fines were issued against landlord. Landlord appealed to ECB and lost. Landlord then brought a court case, challenging ECB's ruling. ECB claimed that landlord didn't file its court case on time. The court ruled for landlord. ECB had accepted landlord's administrative appeal and ruled on it, even though it was filed after the 30-day deadline for doing so. ECB had therefore waived the 30-day deadline.

DOB issued a violation notice to landlord for illegally altering a one-family house to include three single-room occupancies on the first floor and three in the basement. Fines were issued against landlord. Landlord appealed to ECB and lost. Landlord then brought a court case, challenging ECB's ruling. ECB claimed that landlord didn't file its court case on time. The court ruled for landlord. ECB had accepted landlord's administrative appeal and ruled on it, even though it was filed after the 30-day deadline for doing so. ECB had therefore waived the 30-day deadline. And landlord filed its court appeal within four months of ECB's ruling, so the appeal was filed on time.

Chiang v. ECB: NYLJ, 6/20/01, p. 21, col. 1 (Sup. Ct. Queens; Milano, J)

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