ALJ Put Incorrect Address on Order

LVT Number: 9406

The DOS issued landlord a violation notice for not cleaning 18 inches into the street. The ALJ fined landlord $50, and she appealed. Landlord argued that the ALJ had put the wrong address on its order. The notice stated that the building was located at number ''982,'' but the ALJ misread it and wrote ''482.'' The ECB upheld the fine. The violation notice correctly stated the building's addressthe ALJ had just made a clerical error. Also, landlord submitted no evidence to show that she'd made a reasonable effort to clean the gutter, so she had no defense to the violation.

The DOS issued landlord a violation notice for not cleaning 18 inches into the street. The ALJ fined landlord $50, and she appealed. Landlord argued that the ALJ had put the wrong address on its order. The notice stated that the building was located at number ''982,'' but the ALJ misread it and wrote ''482.'' The ECB upheld the fine. The violation notice correctly stated the building's addressthe ALJ had just made a clerical error. Also, landlord submitted no evidence to show that she'd made a reasonable effort to clean the gutter, so she had no defense to the violation.

City of New York v. Moore: ECB App. No. 19381 (6/29/94) [2-page document]

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