Son Can't Be Substituted for Deceased Landlord

DOS issued a violation notice to landlord for not maintaining a clean area outside building. Landlord's son appeared at the hearing and advised the ALJ that landlord had died before the notice was issued. The ALJ substituted son for landlord and fined him $50. Son appealed and won. Although the son appeared at the hearing, he only advised ALJ that he lived in the building and that landlord was deceased. Son can't be substituted for landlord. And since landlord had died before the violation was issued, landlord wasn't responsible for the condition. The fine was revoked.

Berchenko: ECB App. No. 42769 (6/30/05) [2-pg. doc.]