Landlord Received Proper Notice of Violation

LVT Number: #21093

DOB issued a violation notice to landlord for failing to maintain its boiler and boiler room in a safe condition. Landlord asked the ALJ to dismiss the violation. The notice was addressed to "274 West 19," not "274 West 19 Street LLC." Landlord claimed that omitting "LLC" from landlord's name on the violation notice was a fatal defect. The ALJ ruled for landlord. DOB appealed, arguing that omitting "LLC" from landlord's name on the violation notice was a minor error. ECB ruled for DOB, reinstated the violation, and fined landlord $350.

DOB issued a violation notice to landlord for failing to maintain its boiler and boiler room in a safe condition. Landlord asked the ALJ to dismiss the violation. The notice was addressed to "274 West 19," not "274 West 19 Street LLC." Landlord claimed that omitting "LLC" from landlord's name on the violation notice was a fatal defect. The ALJ ruled for landlord. DOB appealed, arguing that omitting "LLC" from landlord's name on the violation notice was a minor error. ECB ruled for DOB, reinstated the violation, and fined landlord $350. Landlord obviously received the notice and hired a representative to appear on the first scheduled hearing date. The violation notice made clear who was being charged, and landlord got due process.

274 West 19 Street LLC: ECB App. No. 47509 (12/18/08) [2-pg. doc.]

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