Notice Served on Independent Contractor

LVT Number: 11994

DOB issued a violation notice to landlord by serving the independent contractor who was doing work at the building which caused the violation. Landlord argued that this was improper service. The ALJ ruled against landlord and fined it $350. Landlord appealed and won. New York City Charter Section 1404(d) (2) permits delivery of a violation notice to a person employed by landlord at the building. Delivery must be to an actual employee of landlord, not an independent contractor.

DOB issued a violation notice to landlord by serving the independent contractor who was doing work at the building which caused the violation. Landlord argued that this was improper service. The ALJ ruled against landlord and fined it $350. Landlord appealed and won. New York City Charter Section 1404(d) (2) permits delivery of a violation notice to a person employed by landlord at the building. Delivery must be to an actual employee of landlord, not an independent contractor.

B.D. Realty, Inc.: ECB App. No. 23275 (4/30/97) [1-page document]

Downloads

23275.pdf89.92 KB