Notice Named More Than One Respondent

LVT Number: 9804

The Fire Department issued a violation notice to landlords, a married couple, for not providing a DOB approval certificate for an oil burner installation. Landlords claimed that DOB didn't issue the certificate. The ALJ ruled against landlords and fined them $400. Landlords appealed. ECB ruled for landlords for procedural reasons. The violation notice named both landlords. Under ECB policy, only one landlord may be named on a violation notice, so the notice was dismissed as defective without review of the issues in the case.

The Fire Department issued a violation notice to landlords, a married couple, for not providing a DOB approval certificate for an oil burner installation. Landlords claimed that DOB didn't issue the certificate. The ALJ ruled against landlords and fined them $400. Landlords appealed. ECB ruled for landlords for procedural reasons. The violation notice named both landlords. Under ECB policy, only one landlord may be named on a violation notice, so the notice was dismissed as defective without review of the issues in the case.

City of New York v. Milo: ECB App. No. 20707 (10/26/94) [1-page document]

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