Proof of Compliance Not Properly Submitted with Certification

DOB issued a violation notice to landlord for not maintaining the building's elevator. Landlord submitted a certificate of correction to DOB, but DOB rejected it because it didn't contain a five-year elevator test report as required proof of correction. At the hearing, landlord submitted a copy of a five-year test report, which was stamped ''received'' by DOB on the last day for certification. The ALJ waived the fine, ruling that landlord had corrected the violation and properly certified that correction. DOB appealed, arguing that landlord hadn't followed the proper procedure for compliance. ECB fined landlord $100. Landlord had sent the five-year test report to DOB's Elevator Division, not to its Enforcement Unit, as DOB regulations require. So, landlord didn't substantially comply with the certification requirements, and isn't eligible for a penalty waiver.

City of New York v. Silverman: ECB App. No. 19514 (5/25/94) [2-page document]