Duplicative Summons for Same Condition Was Revoked
LVT Number: #31628
The DOS issued a violation notice to landlord for improper disposal of bedding after its inspector observed a mattress not placed in a securely sealed bag, out for collection. Landlord admitted the violation but argued that it had received three violation notices for the same condition. The ALJ ruled against landlord. Although the other two notices were issued on one day and therefore one was duplicative, the notice in question here was issued on a different day and therefore wasn't duplicative. Landlord was fined $100. Landlord appealed and won. The third violation notice, in question here, was issued within 24 hours of the other two. Therefore, it was duplicative and the fine was revoked.
DSNY v. Ping: ECB App. No. 2100769 (7/22/21)[1-pg. document]