Fines and court appearances: just taking care of business.

The nippy morning air has descended once again, announcing the beginning of Autumn. Finally, the lethargic season of summer has given way for our need to prepare for the coming winter. From boilers to snow shovels, everything must be in readiness. In a few short weeks, the few remaining garden flowers will be but a memory.

With the coming of the end of summer, things that have been on the back burner are suddenly re-ignited like a smoldering ember. For instance, a violation I received from the Health Department last February has only now been scheduled for a hearing. A problem I thought was solved months ago has resurfaced. Luckily, I remember the facts in that particular case because of my notes and records.

A Health Department violation can apparently take months to go before a hearing officer. Perhaps they consider this particular matter trivial, and therefore time is not of the essence. The facts are that a garment factory complained they saw vermin and stated the building wouldn't allow an exterminator. This is from a tenant that is incapable of telling the truth. This is a guy that has an ongoing relationship with the Immigration and Naturalization Service to pick up his workers semi-annually. He only paid his rent on time the day he signed his lease.

What did I have as proof that the vermin was in the eye of the beholder, so to speak? A Health Department Inspection Report that said the only evidence of vermin was a "dropping" on the tenant's elevator floor landing. The rest of the building had no evidence of anything. Of course, when the tenant was confronted by me asking why he made the report, he blamed it on a random inspection. I never bothered to point out that the random inspection was caused by his complaint.

As to the lack of extermination, I told him that by the terms in his lease he is required to provide his own exterminator for his premises. However, I would be glad to have the building's exterminator do the job and bill him. Further, I said that since a violation was issued, he would be responsible for any fine incurred.

He had the place exterminated. I sent the exterminator's bill with an explanation of what had occurred to the Health Department. As I said, that happened last February. I thought that was the end of the "Saga of the Violation." I was wrong.

Two weeks ago I received a mystery notice of a hearing from the Health Department. On the notice there was no reference to anything just a time and place. By the way. the time listed was 1 a.m. I hadn't realized that the Health Department has night court, so I will be there at 1 p.m. on the hearing date. When I called to find out what this was about, the only information I could ascertain was the address of the building.

So I will have to appear and spend an afternoon at 2 Lafayette Street explaining away an inane violation - a violation that in the scheme of things should belong to the tenant - but will always be blamed on the owner. In this city where kids are routinely bitten by rats, this case needs to be heard desperately, right? Even after an inspection by the Health Department, which uncovered nothing but a single mouse dropping, the wheels of justice are spinning toward the inevitable. I have committed the ultimate crime of being a landlord and will receive the just punishment I deserve in our Dostoevskian city.

I have grown accustomed to receiving fines. In fact, I include a category for fines in budgets I do for buildings. It is unfortunate, but necessary when owning real estate in New York. A tax by any other name is still a tax. Of course I will bill the tenant for any fine incurred, but as we know, another fight looms to collect the money.

Another injustice in a city that is full of injustices. Doing business in New York requires the fortitude of Job. A vast system of agencies, departments and courts is waiting to pounce on the unsuspecting landlord. It is hard not to fall victim when guilt is assumed in place of innocence.

Well, as the leaves begin to turn from the greens of summer to the oranges and reds of fall, it is nice to know that our city government is revving up the money collecting apparatus. Soon summer will be a forgotten memory. The cold winds of a snowy winter will be our unrelenting companion. My seemingly forgotten violation of last winter has not been forgotten at all.

(The author is a real estate consultant advising owners, condominiums and co-ops. He welcomes responses in writing at P.O. Box 724, Old Greenwich, CT 06870 or by calling 203-637-5621)