Second Violation for Same Condition Dismissed

LVT Number: 8931

The DOS issued two notices of violation to landlord for dirty sidewalks, each listing a different address. Landlord argued that the notices were duplicates because the two addresses were for the same building. But landlord couldn't prove they were for the same building at the hearing, so the ALJ upheld the violations. Landlord appealed, and the ECB dismissed the second violation. This time, landlord proved that the two addresses were for the same building.

The DOS issued two notices of violation to landlord for dirty sidewalks, each listing a different address. Landlord argued that the notices were duplicates because the two addresses were for the same building. But landlord couldn't prove they were for the same building at the hearing, so the ALJ upheld the violations. Landlord appealed, and the ECB dismissed the second violation. This time, landlord proved that the two addresses were for the same building.

City of New York v. Horowitz: ECB App. No. 13672-3 (1/19/94) [1-page document]

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