Second Mailing of Violation Notice Not Required

LVT Number: 13670

DOS issued a violation notice to landlord for not storing trash properly. Landlord claimed the violation notice wasn't properly delivered. The ALJ ruled against landlord and fined it $50. Landlord appealed and lost. DOS had delivered the violation notice by ''nail and mail'' service when it found no one at the building to whom the notice could be personally delivered. DOS mailed the notice to 502 W. 136th St. Landlord claimed a second mailing was required, since the building address was also known as 1536 Amsterdam Ave. The building address registered with HPD was 502 W. 136th St.

DOS issued a violation notice to landlord for not storing trash properly. Landlord claimed the violation notice wasn't properly delivered. The ALJ ruled against landlord and fined it $50. Landlord appealed and lost. DOS had delivered the violation notice by ''nail and mail'' service when it found no one at the building to whom the notice could be personally delivered. DOS mailed the notice to 502 W. 136th St. Landlord claimed a second mailing was required, since the building address was also known as 1536 Amsterdam Ave. The building address registered with HPD was 502 W. 136th St. The Amsterdam Avenue address was the address of landlord's managing agent. The law requires no second mailing in these circumstances.

Jova Mgmt. Corp.: ECB App. No. 33032 (9/15/99) [2-pg. doc.]

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