DOB Can Correct Mistake on Violation Notice
LVT Number: 13611
DOB issued a violation notice to landlord for not maintaining the building in a safe condition. The violation notice stated that one foot of a cellar center beam was defective, that there was no fire-rated ceiling in the cellar, and that there were missing handrails to the cellar stairs, defective stairs to the cellar, and missing risers for the stairway to the cellar. Landlord claimed the violation notice was defective and should be dismissed because it stated that the law being violated was Administrative Code Section ''21-127.'' The notice should have said section ''27-127.'' The ALJ ruled against landlord and fined him $350. Landlord appealed and lost. DOB had asked the ALJ for permission to correct the mistake on the violation notice. The ALJ properly allowed DOB to do so. Landlord was given notice and enough time to respond to the corrected notice. Also, landlord wasn't hurt by the correction of the notice because the notice already explained in detail what the violation was.
Owner of 185 Lenox Ave.: ECB App. No. 32916 (9/15/99) [3-pg. doc.]