Landlord Not Notified Violations Were for Second Offense

LVT Number: #19758

DOB issued two violation notices to landlord for sagging floors, holes in ceilings and walls, and no fire stopping at various locations on the building's second and third floors. At the hearing, the inspector said that both violations were second offenses. Landlord claimed that repairs had been made. The ALJ ruled against landlord and fined him $4,000. Landlord appealed, arguing that he had no notice that the violations were for second offenses. ECB ruled for landlord. The violations notices didn't state that they were for second offenses. Landlord's fines were reduced to $1,600.

DOB issued two violation notices to landlord for sagging floors, holes in ceilings and walls, and no fire stopping at various locations on the building's second and third floors. At the hearing, the inspector said that both violations were second offenses. Landlord claimed that repairs had been made. The ALJ ruled against landlord and fined him $4,000. Landlord appealed, arguing that he had no notice that the violations were for second offenses. ECB ruled for landlord. The violations notices didn't state that they were for second offenses. Landlord's fines were reduced to $1,600.

Owner of 839 Broadway: ECB App. Nos. 39165-39166 (3/29/07) [1-pg. doc.]

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