Notice Gave Enough Information

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The notice stated that landlord didn't maintain plumbing ''and/or appurtenance.'' At the hearing, DOB produced a computer printout that further described the violation as a leak in one apartment caused by a ''whirlpool'' installed in the apartment above. Landlord claimed that the violation notice itself didn't give enough information about the charge and asked that it be dismissed. The ALJ ruled against landlord and fined it $800. Landlord appealed and lost. ECB rules require the notice to refer to the applicable law or rule and provide a brief description of the violation. DOB's violation notice in this case did so. Landlord's attorney could have asked for a delay at the hearing if surprised by the further information presented by DOB, but chose not to do so.

120 E. 34th St.: ECB App. No. 33528 (6/28/00) [2-pg. doc.]