Landlord Filed Defective Certificate of Correction

DOB issued violation notices to landlord for not maintaining two elevators by not conducting a five-year test on the elevators. Landlord argued that the five-year test had been performed. The ALJ ruled for landlord, since a report of the five-year test was on file with DOB as of the date the violation notices were issued. The ALJ found that DOB had improperly rejected landlord's certificate of correction. DOB appealed, arguing that to avoid penalty, landlord must both correct the violations and submit a certificate of correction to DOB in the time, form, and manner specified by DOB. DOB claimed that it had disapproved landlord's certificate of correction because landlord didn't attach a copy of the approved five-year test certificate to it. DOB had disapproved landlord's certificate. ECB ruled for DOB and fined landlord $100. It didn't matter that an approved five-year test report had already been filed by landlord's elevator maintenance company. Landlord didn't submit another copy with the certificate of correction, as required.

Grossman: ECB App. No. 20666 (1/24/96) [2-page document]