Violation Notice Not Served on Employee Who Worked at Building

LVT Number: 12066

DOB issued a violation notice to landlord by serving it on a store employee in another building believed to be owned by landlord. Landlord claimed service of the notice was defective because it wasn't delivered to a person employed by landlord at the building with the violation. The ALJ ruled for landlord, and DOB appealed. ECB ruled against DOB. DOB's process server delivered the violation notice to a store employee at another building. The employee wasn't employed by landlord or related to landlord in any other way.

DOB issued a violation notice to landlord by serving it on a store employee in another building believed to be owned by landlord. Landlord claimed service of the notice was defective because it wasn't delivered to a person employed by landlord at the building with the violation. The ALJ ruled for landlord, and DOB appealed. ECB ruled against DOB. DOB's process server delivered the violation notice to a store employee at another building. The employee wasn't employed by landlord or related to landlord in any other way. Landlord formerly had a real estate office next to the store but no longer owned the building where the violation notice was delivered.

Glaspie: ECB App. No. 23202 (4/30/97) [3-page document]

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