Section of Law Cited Didn't Match Description of Violation

LVT Number: 11343

DOB issued a violation notice to landlord. The ALJ dismissed the case because the administrative code cited, section 27-127, covered maintenance requirements, while the condition cited was ``change of occupancy or use.'' DOB appealed, claiming that landlord didn't raise the issue and that there was no harm in the error. ECB ruled against DOB. The inconsistency in the violation notice was a defect that could only have been fixed by DOB's request at the ALJ hearing. No such request was made.

DOB issued a violation notice to landlord. The ALJ dismissed the case because the administrative code cited, section 27-127, covered maintenance requirements, while the condition cited was ``change of occupancy or use.'' DOB appealed, claiming that landlord didn't raise the issue and that there was no harm in the error. ECB ruled against DOB. The inconsistency in the violation notice was a defect that could only have been fixed by DOB's request at the ALJ hearing. No such request was made.

179 Palmetto St.: ECB App. No. 22343 (9/25/96) [2-page document]

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