Landlord Needed Interpreter

DOB issued violation notices to landlord for working without a permit and altering a building to add illegal basement apartments. Landlord claimed that the premises was a legal three-family building, but presented no proof to support his claim. The ALJ ruled against landlord and fined him $29,000. Landlord appealed, claiming that neither he nor his architect spoke English as their first language, but the ALJ didn’t ask if they needed an interpreter. ECB ruled for landlord and reopened the case. The ALJ should have ordered an interpreter at the hearing. ECB rules were amended in May 2009 to provide language assistance services when required by respondents.

Lee: ECB App. No. 0900428 (2/25/10) [4-pg. doc.]