Any Grandfathering of Landlord's Advertising Sign Had Expired

LVT Number: #30897

DOB issued violation notices to landlord for posting an advertising sign in a residential district and, later, for failing to correct the violation. At a hearing, landlord claimed that the sign had been "grandfathered" and was allowed by DOB permits issued in 1941 and 1981. The ALJ ruled against landlord, finding that the 10-year period permitting landlord's nonconforming advertising sign had expired. Landlord was fined $12,500. Landlord appealed and lost. The ALJ correctly found that any grandfathering had expired.

DOB issued violation notices to landlord for posting an advertising sign in a residential district and, later, for failing to correct the violation. At a hearing, landlord claimed that the sign had been "grandfathered" and was allowed by DOB permits issued in 1941 and 1981. The ALJ ruled against landlord, finding that the 10-year period permitting landlord's nonconforming advertising sign had expired. Landlord was fined $12,500. Landlord appealed and lost. The ALJ correctly found that any grandfathering had expired. And ECB had no authority to review landlord's constitutional law claims.

DOB v. Astoria Landing, Inc.: ECB App. No. 2000282 (3/19/20) [2-pg. doc.]

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