Violation Notice Improperly Addressed to Managing Agent's Employee

(Decision submitted by Manhattan attorney Robert Susser, who represented the landlord.)

DOB issued a violation notice to landlord for loose rubbish found at curbside in front of landlord’s building. The violation was addressed to an individual who was an employee of the building’s managing agent. Landlord claimed that the notice should be dismissed since it named an improper party who had no control over the building. The ALJ ruled against landlord, finding that the employee was an agent of the management company and therefore a proper party. Landlord was fined $100. Landlord appealed and won. The applicable code sections required “an owner or other person who manages or controls a building to securely bundle or tie light refuse or rubbish which is likely to be blown or scattered.” Landlord’s building was owned by a corporate entity, and there was no evidence that the management company employee actively conducted the management company’s business or personally managed or controlled the building. The fine was revoked.

Ohayon: ECB App. No. 1000103 (5/27/10) [2-pg. doc.]