Landlord Not Given Fair Hearing on Violation

DOB issued a violation notice to landlord for failing to maintain its building in a safe and code-compliant manner. DOB's inspector found that construction at the roof/penthouse level damaged an apartment by causing cracks in plaster walls, a 2 foot by 2 foot area of fallen ceiling, and water damage in various spots on the apartment's ceilings. At a hearing, the ALJ allowed DOB to amend the violation, but refused landlord's request to adjourn for preparation. The ALJ fined landlord $500. Landlord appealed and won. It was fair to allow DOB to amend its violation notice to cite the correct code section that was violated. But the ALJ should then have adjourned the proceeding to allow landlord to prepare a full and fair defense. The violation was dismissed.

45 East 66th Owner's Corp.: ECB App. No. 1100808 (12/15/11) [3-pg. doc.]