Mistakes on Violation Notice Don't Make It Defective

June 30, 2003

LVT Number: 16690

DOS issued a violation notice to landlord for leaving loose rubbish out for collection. Landlord claimed that the wood pieces in question were tied and taped. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that the violation notice was defective. It mistakenly stated that the building was a single-family and omitted the building's MDR number. ECB ruled against landlord. The violation notice sufficiently identified the street address, borough, and place where the violation was found. The errors that landlord pointed out didn't make the notice defective.

DOS issued a violation notice to landlord for leaving loose rubbish out for collection. Landlord claimed that the wood pieces in question were tied and taped. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that the violation notice was defective. It mistakenly stated that the building was a single-family and omitted the building's MDR number. ECB ruled against landlord. The violation notice sufficiently identified the street address, borough, and place where the violation was found. The errors that landlord pointed out didn't make the notice defective.

Seliste: ECB App. No. 38780 (2/25/03) [2-pg. doc.]

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