Side Yard with Debris Didn't Belong to Landlord

March 31, 2009

LVT Number: #21138

(Decision submitted by Manhattan attorney Robert C. Susser, who represented the landlord.) DOS issued a violation notice to landlord after finding accumulated bottles, papers, and boxes in the side yard of landlord's building. Landlord claimed that the building didn't have a side yard and submitted copy of the deed and photographs showing the building's dimensions. The ALJ ruled against landlord and fined it $100. Landlord appealed, and ECB revoked the violation and fine. Landlord's documents showed no side yard at the building.

(Decision submitted by Manhattan attorney Robert C. Susser, who represented the landlord.) DOS issued a violation notice to landlord after finding accumulated bottles, papers, and boxes in the side yard of landlord's building. Landlord claimed that the building didn't have a side yard and submitted copy of the deed and photographs showing the building's dimensions. The ALJ ruled against landlord and fined it $100. Landlord appealed, and ECB revoked the violation and fine. Landlord's documents showed no side yard at the building. And the violation notice contained conflicting statement about debris being found in a side yard and in front of the building, making its description of the property unclear.

Perry Mansions LP: ECB App. No. 47872 (2/26/09) [3-pg. doc.]

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