Notice Cited Incorrect Rule

LVT Number: 9045

The Fire Department issued landlord a notice of violation for not using fire-retardant material to repair the boiler. The ALJ fined landlord $1,200, and landlord appealed. Landlord claimed the notice was defective because it cited the wrong Fire Code rule. The ECB ruled for landlord. The Fire Department had cited the wrong rule. So, the notice didn't say which section of the Fire Code landlord had allegedly violated.

The Fire Department issued landlord a notice of violation for not using fire-retardant material to repair the boiler. The ALJ fined landlord $1,200, and landlord appealed. Landlord claimed the notice was defective because it cited the wrong Fire Code rule. The ECB ruled for landlord. The Fire Department had cited the wrong rule. So, the notice didn't say which section of the Fire Code landlord had allegedly violated.

City of New York v. Korean American Senior Citizens Society: ECB App. No. 16681 (1/19/94) [2-page document]

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