Landlord Waived Right to Attorney at ECB Hearing

LVT Number: 14332

DOB issued a violation notice to landlord for illegally changing the occupancy of a building from a store and two apartments to a store and three apartments, plus seven SRO units. Landlord represented himself before the ALJ. DOB's inspector didn't appear. The ALJ ruled against landlord. Landlord then hired an attorney and appealed, claiming that the hearing was unfair. He said that he was entitled to a new hearing to question the inspector who issued the violation notice and should now be allowed to do so since he had an attorney. ECB ruled against landlord.

DOB issued a violation notice to landlord for illegally changing the occupancy of a building from a store and two apartments to a store and three apartments, plus seven SRO units. Landlord represented himself before the ALJ. DOB's inspector didn't appear. The ALJ ruled against landlord. Landlord then hired an attorney and appealed, claiming that the hearing was unfair. He said that he was entitled to a new hearing to question the inspector who issued the violation notice and should now be allowed to do so since he had an attorney. ECB ruled against landlord. Landlord was notified that he had the right to an attorney and was asked at the hearing if he wanted to have an attorney present. Landlord said at the hearing that he was representing himself. So landlord waived any right he may have had to question the inspector.

Gonzalez: ECB App. No. 31854 (4/26/00) [3-pg. doc.]

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