Violation Notice Delivered to Super's Son

LVT Number: 10176

The Fire Department issued a violation notice to landlord for violation of Rule 15. Landlord claimed the notice was improperly served on the building superintendent's son. The ALJ ruled against landlord and fined him $150. Landlord appealed. ECB ruled for landlord and revoked the fine. A violation notice can be served at the building upon a person employed by landlord. The notice was served on the super's 12-year-old son, who wasn't an employee. So the Fire Department never got jurisdiction over landlord.

The Fire Department issued a violation notice to landlord for violation of Rule 15. Landlord claimed the notice was improperly served on the building superintendent's son. The ALJ ruled against landlord and fined him $150. Landlord appealed. ECB ruled for landlord and revoked the fine. A violation notice can be served at the building upon a person employed by landlord. The notice was served on the super's 12-year-old son, who wasn't an employee. So the Fire Department never got jurisdiction over landlord.

City of New York v. Eberhart: ECB App. No. 21043 (4/26/95) [1-page document]

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