Violation Notice Not Sent to Alternate Address

LVT Number: 15059

DOB issued a violation notice to landlord for illegally altering a two-family house into a three-family, in violation of the certificate of occupancy. Landlord claimed that the violation notice wasn't properly delivered to him. The ALJ ruled against landlord and fined him $3,050. Landlord appealed. ECB ruled for landlord. City regulations require DOB to attempt to deliver violation notices to the building where the violation occurred. If personal delivery can't be made, copies should be mailed to landlord at the building and at any alternate address contained in DOB's records.

DOB issued a violation notice to landlord for illegally altering a two-family house into a three-family, in violation of the certificate of occupancy. Landlord claimed that the violation notice wasn't properly delivered to him. The ALJ ruled against landlord and fined him $3,050. Landlord appealed. ECB ruled for landlord. City regulations require DOB to attempt to deliver violation notices to the building where the violation occurred. If personal delivery can't be made, copies should be mailed to landlord at the building and at any alternate address contained in DOB's records. Landlord showed that his alternate address was on file with the city and that DOB didn't send a copy of the violation notice there. So the violation notice was dismissed.

86-15 65 Dr.: ECB App. No. 33343 (12/6/00) [3-pg. doc.]

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