Certificate of Correction Didn't Show How Violation Corrected

LVT Number: 18479

DOB issued a violation notice to landlord for not maintaining its boiler and boiler room in a safe condition. Landlord tried to certify the correction of the violation by mailing a certificate of correction form to DOB. DOB disapproved landlord's certificate because landlord didn't submit a sworn or affirmed statement explaining how conditions were corrected. DOB fined landlord $180, but landlord objected. The ALJ ruled for landlord because DOB didn't give landlord enough time to resubmit the certificate of correction before the designated correction date. DOB appealed and won.

DOB issued a violation notice to landlord for not maintaining its boiler and boiler room in a safe condition. Landlord tried to certify the correction of the violation by mailing a certificate of correction form to DOB. DOB disapproved landlord's certificate because landlord didn't submit a sworn or affirmed statement explaining how conditions were corrected. DOB fined landlord $180, but landlord objected. The ALJ ruled for landlord because DOB didn't give landlord enough time to resubmit the certificate of correction before the designated correction date. DOB appealed and won. DOB has sole authority to decide if landlord had certified the correction properly. ECB has no power to review DOB's disapproval.

Savarese Pastry Shop: ECB App. No. 42540 (8/4/05) [2-pg. doc.]

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