Violation Notice Properly Served

LVT Number: 9324

The DOS issued landlord a violation notice for a dirty sidewalk. Landlord claimed that the violation notice wasn't served properly because a tenant had found it on the sidewalk in front of the building, instead of affixed to the building. Landlord also argued that the violation notice was defective because a copy of it had been mailed to the wrong address. The ALJ ruled that the violation notice had been properly served, and fined landlord $50. Landlord appealed, and the ECB upheld the ALJ's decision.

The DOS issued landlord a violation notice for a dirty sidewalk. Landlord claimed that the violation notice wasn't served properly because a tenant had found it on the sidewalk in front of the building, instead of affixed to the building. Landlord also argued that the violation notice was defective because a copy of it had been mailed to the wrong address. The ALJ ruled that the violation notice had been properly served, and fined landlord $50. Landlord appealed, and the ECB upheld the ALJ's decision. Just because the notice wasn't found affixed to the building doesn't mean it hadn't been properly served. And the DOS had met the requirements of proper service by mailing a copy of the violation notice to landlord's second address as it was listed in the city records. The agency isn't required to verify the accuracy of the alternative address.

City of New York v. Owner: ECB App. No. 20500 (6/24/94) [2-page document]

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