Violation Notice Not Properly Served

DOB served two violation notices on landlord for erecting dry wall partitions in the cellar without a permit and for using the cellar as living space in violation of the building's C of O. Landlord claimed the notices were improperly served. The ALJ ruled for landlord, and DOB appealed, claiming it had served the notices on landlord's employee. ECB ruled against DOB. The violation notices were served on a man who was painting an apartment in the building and who said ''yes'' when asked if he was landlord's employee. But he wasn't technically an employee. He was a freelance handyman who occasionally did odd jobs for landlord. Landlord paid no taxes on his wages; the handyman wasn't on a regular schedule, would disappear between jobs, and was paid only when asked to do specific tasks.

City of New York v. Owner 1379 Nostrand: ECB App. No. 21254 (6/28/95) [2-page document]