Violation Notice Given to Super Employed by Managing Agent

DOB issued a violation notice to landlord. Landlord claimed the notice was improperly served. The ALJ ruled for landlord, since DOB served the notice on a super employed by the managing agent rather than a super employed by the building's landlord. DOB appealed, claiming that the super was in effect employed by the building's landlord. ECB ruled against DOB. The managing agent was an independent contractor, so the super wasn't landlord's employee. New York City Charter Section 1404(d) (2) permits service of a violation notice only on a person employed by landlord.

Hakim: ECB App. No. 25638 (4/30/97) [2-page document]