DOB Failed to Prove Reasonable Attempt Made at Personal Service on Landlord

DOB issued a violation notice to landlord for having an altered/changed building occupied without a valid certificate of occupancy (C of O). Landlord argued at a hearing that the notice wasn't properly served. The ALJ ruled against landlord and imposed a fine. Landlord appealed and won. Review of the DOB inspector's affidavit of service failed to establish that the required "reasonable attempt" at personal delivery of the notice to a person authorized to accept service at the building before resorting to "nail and mail" service. The inspector asked a maintenance worker at the building if he could accept service. The worker said, "no," but the inspector didn't then ask if anyone else was available at the site who was authorized to accept. Although the inspector wrote on the notice that "no one from management on site," he didn't state how he reached this conclusion. The violation was dismissed and the fine revoked.

DOB v. 15 West 39th Street LLC: ECB App. No. 2200559 (7/28/22)[3-pg. document]