Incorrect Subsection Cited

LVT Number: 11342

DOB issued a violation notice to landlord, charging landlord with violating New York City Administrative Code section 27-147(G). Landlord claimed there was no such section. The ALJ ruled for landlord and imposed no fine. DOB appealed and argued that the violation notice clearly advised landlord that the violation was about doing work without a permit. ECB ruled against DOB. The Code contains a section 27-147, which has no subsections. The fact that DOB added a subsection to the notice by itself didn't make the violation notice defective.

DOB issued a violation notice to landlord, charging landlord with violating New York City Administrative Code section 27-147(G). Landlord claimed there was no such section. The ALJ ruled for landlord and imposed no fine. DOB appealed and argued that the violation notice clearly advised landlord that the violation was about doing work without a permit. ECB ruled against DOB. The Code contains a section 27-147, which has no subsections. The fact that DOB added a subsection to the notice by itself didn't make the violation notice defective. But no record was made before the ALJ concerning the basis of the charge, and substantial time had passed since the date of the violation notice.

Smith: ECB App. No. 21398 (8/14/96) [2- page document]

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