Violation Notice Properly Delivered to Landlord

LVT Number: #19797

DOB issued two violation notices to landlord for commencing work without a permit. DOB's inspector saw the installation of a drywall partition in one first-floor apartment. He also saw a partially gutted apartment on the fourth floor with framing installed to drop the ceiling. Landlord claimed that DOB didn't properly deliver the violation notices and asked for dismissal of the violations. The ALJ ruled for landlord and dismissed the violations. DOB appealed. The ECB ruled for DOB and fined landlord $500.

DOB issued two violation notices to landlord for commencing work without a permit. DOB's inspector saw the installation of a drywall partition in one first-floor apartment. He also saw a partially gutted apartment on the fourth floor with framing installed to drop the ceiling. Landlord claimed that DOB didn't properly deliver the violation notices and asked for dismissal of the violations. The ALJ ruled for landlord and dismissed the violations. DOB appealed. The ECB ruled for DOB and fined landlord $500. DOB showed that copies of the violations had been mailed to the building and to the person and address on file with HPD. In addition, the building super had given the inspector access and said he was responsible for the building. When the inspector wrote up the violation, he couldn't find the super. So he left a copy of the violation notice at the building.

417 East 89th Street Assocs.: ECB App. Nos. 43541-43542 (3/29/07) [3-pg. doc.]

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