Landlord Fined Over $10,000 for Gutting Building Without Permits

DOB issued eight violation notices to landlord for work without a permit and failure to maintain a building in a safe and code-compliant manner. The vacant, four-story building had been fully gutted. There was excessive dust observed on stairs, handrails, and throughout the building. Electrical extension cords hung from the fourth-floor ceiling while only 10 percent of electrical work was completed. All work was done without permits. Construction materials and equipment were stored on the ground floor. Fire-stopping had been removed. The building was occupied without gas or water/waste lines, and created potential hazardous conditions. The ALJ dismissed the violations because they were addressed to an improper party. The violation notices were addressed to "2265-7 2nd Ave Realty Corp." instead of to "2265-72nd Ave Realty."

DOB appealed and won. A respondent's name need not be precisely written in the summons as long as it provides due process notice and makes clear what entity is being charged. The missing space between "2265-7" and "2nd Ave" when writing landlord's name didn't create confusion, and landlord didn't dispute it was the building owner. Landlord was fined $10,312 for the violations.

DOB v. 2265-72nd Ave Realty: ECB App. No. 2000287 (7/16/20) [5-pg. doc.]