Violation Notice Named More Than One Respondent

LVT Number: 8270

The DOB issued a violation notice to landlords for working without a permit. A representative of landlords' estates argued that both landlords had died some time before the notice was issued. The ALJ ruled against landlords because no proof of death had been submitted. On appeal, the ECB ruled for landlord. Copies of the death certificates were submitted. But, more importantly, the violation notice was defective. ECB policy bars naming more than one respondent on a violation notice. In this case, both landlords' names appeared on the notice.

The DOB issued a violation notice to landlords for working without a permit. A representative of landlords' estates argued that both landlords had died some time before the notice was issued. The ALJ ruled against landlords because no proof of death had been submitted. On appeal, the ECB ruled for landlord. Copies of the death certificates were submitted. But, more importantly, the violation notice was defective. ECB policy bars naming more than one respondent on a violation notice. In this case, both landlords' names appeared on the notice.

City of New York v. H.L. & M.L. Redner: ECB App. No. 13763 (4/28/93) [1-page document]

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