Landlord Properly Fined for Repeat Violation

LVT Number: 11202

DOB issued a violation notice to landlord for not maintaining an elevator. The notice stated that this was a second offense. Landlord claimed the notice wasn't valid. The ALJ ruled against landlord and fined it $250. Landlord appealed, claiming it was an error to call this a second offense because the conditions noted weren't the same as those under the previous violation notice. ECB ruled against landlord. In both instances, there were elevator violations. The conditions of the elevator parts didn't have to be identical in both violation notices.

DOB issued a violation notice to landlord for not maintaining an elevator. The notice stated that this was a second offense. Landlord claimed the notice wasn't valid. The ALJ ruled against landlord and fined it $250. Landlord appealed, claiming it was an error to call this a second offense because the conditions noted weren't the same as those under the previous violation notice. ECB ruled against landlord. In both instances, there were elevator violations. The conditions of the elevator parts didn't have to be identical in both violation notices.

Kew Gardens Terrace Owners: ECB App. No. 21814 (6/26/96) [3-page document]

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