Tenant Can't Intervene in ECB Case

DOB issued a violation notice to landlord because a day care center was being operated on the second floor of a nonfireproof multiple dwelling. Landlord settled with DOB by paying a fine and agreeing to cure the violation. Landlord then sent tenant a notice to cure by discontinuing the day care operation, and started an eviction proceeding against tenant. Tenant then asked ECB for permission to join in the case before the agency concerning the violation. Tenant pointed out that New York's Social Services Law bars local governments from prohibiting the operation of regulated group family day care facilities in fireproof multiple dwellings or on the ground floor of a multiple dwelling that is not fireproof. ECB denied tenant's request. Tenant appealed ECB's decision, claiming that it was unreasonable. The court and appeals court ruled against tenant. The law doesn't cover tenant's apartment, which was above the ground floor in a nonfireproof building. ECB reasonably ruled that tenant wasn't directly affected by ECB's order and therefore had no standing to join in the case. In addition, tenant's request was untimely.

Hernandez v. Lancaster: NYLJ, 6/12/08, p. 38, col. 4 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Gonzalez, Sweeny, DeGrasse, JJ)