Landlord Who Declined Translator at Hearing Can't Appeal Decision Based on Lack of Translator

DOB issued violation notices to landlord for doing work without a permit and for adding three or more dwelling units than legally authorized. Landlord objected but admitted the violations and imposed daily penalties for 45 days because the violations remained uncorrected. The total fine was $49,000. Landlord appealed and lost. Landlord claimed that he wasn’t provided with required translation services at the hearing even though he declined the offer of a translator at the hearing. ECB found that translation services weren’t required. Under 48 RCNY Section 3-51(f), an ALJ must offer translation services, and isn’t relieved of the obligation to obtain translation services if it becomes necessary to enable meaningful communication with the respondent landlord. ECB reviewed the audio recording of the hearing before the ALJ and found that, although English wasn’t landlord’s primary language, he understood the proceedings and was able to meaningfully communicate without an interpreter. 

Kader: ECB App. No. 1600734 (8/25/16)