Violation Notice Improperly Posted at Landlord's Office Building

DOB issued a violation notice to landlord for illegal occupancy of the building cellar, in violation of the building's certificate of occupancy. Landlord claimed improper delivery of the violation notice. The ALJ ruled against landlord and fined him $800. Landlord appealed and won. The process server didn't post the notice at the building where the violation occurred. DOB's process server testified that he tried to deliver the notice personally to landlord at the building. Unable to do so, he posted the notice to the front door of a large office building where landlord rented an office suite. This was improper delivery. Landlord's office suite was in the office building and listed on the building directory. But the process server didn't attempt to deliver the notice to the office suite.

Stern: ECB App. No. 34279 (9/21/04) [4-pg. doc.]