Violation Notice Cited Wrong Address

LVT Number: #20617

DOS issued a violation notice to landlord of 147-54 78th Avenue in Queens for having a dirty area in front of the building. Landlord claimed that there was no debris in front of his building on that afternoon. He said that he cleaned that day, and every day, at 7:30 a.m. and at 5:30 p.m. Landlord said the inspector must have confused his building with 147-54 78th Road when he wrote the violation notice. The ALJ ruled against landlord and fined him $100. Landlord appealed. ECB ruled for landlord and revoked the fine.

DOS issued a violation notice to landlord of 147-54 78th Avenue in Queens for having a dirty area in front of the building. Landlord claimed that there was no debris in front of his building on that afternoon. He said that he cleaned that day, and every day, at 7:30 a.m. and at 5:30 p.m. Landlord said the inspector must have confused his building with 147-54 78th Road when he wrote the violation notice. The ALJ ruled against landlord and fined him $100. Landlord appealed. ECB ruled for landlord and revoked the fine. At the hearing before the ALJ, landlord showed pictures of the doorways of both buildings. The inspector recognized the doorway of the other building, but didn't recognize the doorway of landlord's building. Landlord presented credible proof that the inspector had made a mistake.

Banjal: ECB App. No. 46675 (6/26/08) [2-pg. doc.]

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