No Prior Notice of Additional Penalties

DOB issued a violation notice to landlord for illegally altering a building for occupancy by more than the approved number of families. The ALJ ruled against landlord and fined her $800, but refused to impose additional ''per day'' penalties. DOB appealed, arguing that the per day penalties were authorized by law. ECB ruled against DOB. New York City rules require a violation notice to advise landlords of the maximum penalty to which they may be subject. DOB's violation notice in this case stated the basic maximum penalty that landlord faced, but didn't give notice that landlord was subject to an additional penalty of between $50 and $100 per day for each illegal dwelling unit added.

Prado: ECB App. No. 32395 (9/15/99) [3-pg. doc.]