Landlord Improperly Served as Corporation

LVT Number: 8651

DOB issued a violation notice to landlord by delivering a copy to the New York Secretary of State in Albany. Landlord argued that this wasn't proper notice because landlord wasn't a corporation. The ALJ found that landlord wasn't a corporation, and dismissed the violation. DOB appealed, and the ECB again ruled for landlord. DOB claimed that it had used tax records to find landlord's corporate status, but it didn't produce these records on appeal. Landlord also produced NYC Department of Finance records showing that it isn't a corporation.

DOB issued a violation notice to landlord by delivering a copy to the New York Secretary of State in Albany. Landlord argued that this wasn't proper notice because landlord wasn't a corporation. The ALJ found that landlord wasn't a corporation, and dismissed the violation. DOB appealed, and the ECB again ruled for landlord. DOB claimed that it had used tax records to find landlord's corporate status, but it didn't produce these records on appeal. Landlord also produced NYC Department of Finance records showing that it isn't a corporation.

City of New York v. Rakfel Realty Corp.: ECB App. No. 12463 (10/27/93) [1-page document]

Downloads

12463.pdf77.55 KB