Landlord Didn't Correct Condition Until After Initial Hearing Date

LVT Number: #31710

DOB issued a violation notice to landlord for performing work without a permit. DOB's inspector stated that a garage door was removed and replaced with concrete and bricks, and two residential windows were installed. Landlord didn't deny the allegations but testified that the conditions had been timely corrected. His architect applied for the required permit before the first hearing date and later obtained the required work permit. Landlord therefore sought a mitigated penalty.

DOB issued a violation notice to landlord for performing work without a permit. DOB's inspector stated that a garage door was removed and replaced with concrete and bricks, and two residential windows were installed. Landlord didn't deny the allegations but testified that the conditions had been timely corrected. His architect applied for the required permit before the first hearing date and later obtained the required work permit. Landlord therefore sought a mitigated penalty. The ALJ ruled against landlord and fined him $1,250 because the permit wasn't obtained before the initial hearing date.

Landlord appealed and lost. The condition itself wasn't corrected prior to the hearing date. And any administrative delay in DOB's permitting process wasn't a reason to mitigate the penalty. 

DOB v. Yong: ECB App. No. 2100697 (9/23/21)[2-pg. document]

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