Landlord Not Properly Named on Violation Notice

DOB issued a violation notice to landlord for violating the building's Certificate of Occupancy. The notice stated that two apartments on the third floor had been combined into one unit and that an apartment on the second floor had been converted into an office. The violation notice named Mati Weiderpass/Kips Bay Joint Venture LLC c/o Working Realty Ltd as the owner. Landlord's managing agent testified at the hearing that Weiderpass had no connection with the premises. The ALJ ruled for landlord and dismissed the violation. DOB appealed. Department of Finance records showed that Weiderpass owned one co-op apartment at the building and therefore was an "owner" under the building code. ECB ruled against DOB. There was no proof presented that the building was owned by a co-op corporation. DOB didn't show how Weiderpass, as a mere shareholder in that corporation and leaseholder of one first-floor apartment, legally owned or controlled the building.

Weiderpass: ECB App. No. 47522 (12/18/08) [2-pg. doc.]