Settlement Agreement Barred Issuing Second Violation

DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The violation concerned a defect in the building's garage, which was cited as hazardous. Landlord claimed that it had a settlement agreement with DOB for a prior, similar violation and that the settlement agreement barred DOB from issuing a second violation before Nov. 4, 2000, for the same condition. The ALJ ruled against landlord and fined him $800. Landlord appealed and won. There was no change in the condition of the garage between issuance of the first and second violation notices. Landlord was working to correct the first violation under the terms of its settlement agreement when DOB issued the second violation notice.

1284 Ocean Pkwy.: ECB App. No. 39538 (12/1/05) [2-pg. doc.]