QUESTION: If an owner is called into a hearing for the actions of a tenant, can the tenant join him at the hearing? Can the board refuse the tenant since the owner is the one being fined, not the tenant?
ANSWER: The board cannot prohibit the tenant from appearing with the owner. Even though the board will be fining the owner, the fines are because of the tenant’s behavior. Due process requires that the owner and tenant have a right to defend themselves. How can the tenant dispute evidence at the hearing if he is barred from attending?
Adrian J. Adams, Esq.
ADAMS & KESSLER LLP
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