DOF Records Contained Wrong Address

LVT Number: #20901

The Fire Department issued violation notices to landlord for failing to provide a certificate of fitness for operation of #6 oil. One copy of each notice was affixed to the building. Another copy was mailed to landlord at the building, and an additional copy was mailed to the address listed for landlord in the City's Department of Finance Database. Landlord claimed that the address contained in DOF's records was incorrect and asked the ALJ to dismiss the violations. The ALJ ruled against landlord and fined landlord $1,100. Landlord appealed.

The Fire Department issued violation notices to landlord for failing to provide a certificate of fitness for operation of #6 oil. One copy of each notice was affixed to the building. Another copy was mailed to landlord at the building, and an additional copy was mailed to the address listed for landlord in the City's Department of Finance Database. Landlord claimed that the address contained in DOF's records was incorrect and asked the ALJ to dismiss the violations. The ALJ ruled against landlord and fined landlord $1,100. Landlord appealed.
ECB ruled for landlord and revoked the fines. The notices weren't properly delivered to landlord at its mailing address. Landlord proved it had filed HPD property registration forms listing landlord's managing agent's mailing address as 915 Third Avenue. The notices were sent to 905 Third Avenue. Neither DOF nor Fire Department databases listed 915 Third Avenue as landlord's address despite landlord's proper submission of its address to HPD.

SDG Management Corp.: ECB App. Nos. 42311-2 (5/29/08) [3-pg. doc.]

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