Signer of Certificate of Correction Identified in Cover Letter

LVT Number: 11561

DOB issued a violation notice to landlord for not maintaining an elevator. Landlord claimed that since he certified correction of the violation on time, the $100 penalty should be waived. The ALJ ruled against landlord because the individual who signed the certification of correction didn't identify himself by checking off the box marked ``managing agent,'' even though that individual was identified as the managing agent in an accompanying cover letter. ECB ruled for landlord and revoked the fine.

DOB issued a violation notice to landlord for not maintaining an elevator. Landlord claimed that since he certified correction of the violation on time, the $100 penalty should be waived. The ALJ ruled against landlord because the individual who signed the certification of correction didn't identify himself by checking off the box marked ``managing agent,'' even though that individual was identified as the managing agent in an accompanying cover letter. ECB ruled for landlord and revoked the fine. Although the appropriate box wasn't checked off, the accompanying letter clearly identified the person signing the certificate of correction as the managing agent. And this was landlord's first offense.

Wilamowsky: ECB App. No. 23853 (10/30/96) [2-page document]

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