Notice of Repeat Violation Didn't Specify Rules Violated

LVT Number: 8280

The Fire Department issued a violation notice to landlord for repeat violations of Fire Rules 11, 15, and 26. Landlord denied the violations. The ALJ ruled against landlord and fined him $1,150. Landlord appealed. The ECB ruled for landlord and revoked the fine. The violation notice merely cited a prior violation. The inspector didn't check boxes on the new violation notice to indicate that landlord was again being charged with violations of Rules 11, 15, and 26. The violations should have been specifically stated on the new violation notice.

The Fire Department issued a violation notice to landlord for repeat violations of Fire Rules 11, 15, and 26. Landlord denied the violations. The ALJ ruled against landlord and fined him $1,150. Landlord appealed. The ECB ruled for landlord and revoked the fine. The violation notice merely cited a prior violation. The inspector didn't check boxes on the new violation notice to indicate that landlord was again being charged with violations of Rules 11, 15, and 26. The violations should have been specifically stated on the new violation notice.

City of New York v. Stark: ECB App. No. 8974 (2/24/93) [2-page document]

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