Three Violation Notices Issued for Same Problem

The DOB issued three ''hazardous condition'' violation notices for improperly maintaining an exterior building wall. Although the notices were dated Oct. 16, Nov. 3, and Nov. 15, landlord got all three notices on the same date: Dec. 22, 1990. Landlord argued that it didn't know about the condition until it got all three violations in December. The ALJ dismissed two of the violations because they cited the same condition as the first violation. DOB appealed, arguing that it could issue multiple violations for hazardous conditions until they're fixed. The ECB upheld the ALJ's ruling. The violations were all for the same condition. And, since landlord didn't know about the problem, it couldn't be held responsible for not fixing it.

City of New York v. DaSilva: ECB App. Nos. 11835, 12569 (9/29/94) [2-page document]