Violation Notices Unavailable

The DOS issued four violation notices to landlord for having a dirty sidewalk and curb in front of the building. Landlord claimed that he never got the notices at the building and that he didn't know if he'd gotten the copies of the notices mailed to him. There were no copies of the violation notices in the city's files, only computer printouts. These printouts contained no description of the violation. Landlord argued that he couldn't properly defend himself against the violation notices. The ALJ found landlord in violation and fined him $50 for each of the four violations. Landlord appealed, and the ECB dismissed the violations. The city couldn't prove whether the notices had been properly issued or even provide the reasons for the notices, since they weren't in the city's file.

City of New York v. Rosen: ECB App. No. 8860 (5/22/91) [5-page document]