Violation Notice Not Properly Served

LVT Number: 8949

The DOB issued a violation notice to landlord by mailing it to the building where the violation took place. Landlord argued that service was defective because the notice wasn't sent to landlord's correct mailing address. The ALJ dismissed the violation. The DOB appealed, claiming it had mailed the violation notice to landlord's address as it was listed in the Department of Finance (DOF) records. Landlord wins. The DOB didn't prove it made a proper records search for landlord's address---the DOF address was wrong.

The DOB issued a violation notice to landlord by mailing it to the building where the violation took place. Landlord argued that service was defective because the notice wasn't sent to landlord's correct mailing address. The ALJ dismissed the violation. The DOB appealed, claiming it had mailed the violation notice to landlord's address as it was listed in the Department of Finance (DOF) records. Landlord wins. The DOB didn't prove it made a proper records search for landlord's address---the DOF address was wrong.

City of New York v. 345 Montgomery Owners: ECB App. No. 15638 (10/27/93) [1-page document]

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