Respondent Not Properly Identified

LVT Number: 12577

DOB issued a violation notice to landlord for doing work in an apartment without a permit. Landlord claimed that the violation notice didn't properly identify landlord since it was addressed merely to ''owner of'' and didn't specify the building address. The ALJ ruled for landlord since the violation notice didn't properly identify the respondent. DOB appealed, claiming that landlord could be identified by the building address where the violation occurred. ECB ruled against DOB.

DOB issued a violation notice to landlord for doing work in an apartment without a permit. Landlord claimed that the violation notice didn't properly identify landlord since it was addressed merely to ''owner of'' and didn't specify the building address. The ALJ ruled for landlord since the violation notice didn't properly identify the respondent. DOB appealed, claiming that landlord could be identified by the building address where the violation occurred. ECB ruled against DOB. It would be sufficient to name ''owner of the premises'' as the respondent as long as the premises is designated in the address listed on the violation notice. But the violation notice in this case simply named ''owner of'' without indicating any building address.

Owner of 486 9th Avenue: ECB App. No. 28458 (10/29/97) [2-page document]

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