Landlord Fined for Not Correcting Condition Cited in Prior Violation

LVT Number: #30551

DOB issued a violation notice to landlord for failing to comply with a 2018 DOB order, which directed landlord to file a certificate of correction for performing work without a permit in a building's cellar. At a hearing, landlord argued that the violation had been corrected. The ALJ ruled against landlord and fined her $2,500. Landlord appealed and lost. ECB found that landlord's correction of the initial violation after April 2, 2019, which was the date that the new violation notice was issued, wasn't a defense or a reason to waive the penalty imposed.

DOB issued a violation notice to landlord for failing to comply with a 2018 DOB order, which directed landlord to file a certificate of correction for performing work without a permit in a building's cellar. At a hearing, landlord argued that the violation had been corrected. The ALJ ruled against landlord and fined her $2,500. Landlord appealed and lost. ECB found that landlord's correction of the initial violation after April 2, 2019, which was the date that the new violation notice was issued, wasn't a defense or a reason to waive the penalty imposed. In order to avoid liability, landlord was required to correct the violating conditions described in the initial violation notice and to file a certificate of correction acceptable to DOB.

DOB v. Salesman: ECB App. No. 1901402 (10/24/19) [2-pg. doc.]

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