Landlord Wasn't Given Notice that Violation Was Hazardous

LVT Number: 14915

DOB issued a violation notice to landlord for not maintaining an exterior retaining wall. Landlord pointed out that it had replaced the wall before the first hearing date after the violation was issued and certified correction of the violation. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that the violation was hazardous, so landlord couldn't avoid a hearing and fine by simply certifying that the violation was corrected. ECB ruled against DOB. The violation notice didn't state that the violation was hazardous.

DOB issued a violation notice to landlord for not maintaining an exterior retaining wall. Landlord pointed out that it had replaced the wall before the first hearing date after the violation was issued and certified correction of the violation. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that the violation was hazardous, so landlord couldn't avoid a hearing and fine by simply certifying that the violation was corrected. ECB ruled against DOB. The violation notice didn't state that the violation was hazardous. So DOB couldn't claim that self-certification wasn't available in this case.

58-53A 256th St.: ECB App. No. 32673 (2/27/01) [3-pg. doc.]

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