Apartment Used as Doctor's Office

The DOB issued a violation to landlord for allowing an apartment occupant to change the use of his apartment from a residential unit to a doctor's office, in violation of the building's Certificate of Occupancy (C of O). Landlord argued that there was a court order in effect barring it from taking any further steps to evict tenants from the building; therefore, it was beyond landlord's power to conform the apartment's use to the C of O. The ALJ fined landlord $250, and landlord appealed. Landlord's appeal was dismissed. The ECB noted that tenant's initial lease was for business use only. So, landlord violated the C of O from the start of the tenancy

[City of New York v. Melohn Properties: ECB App. No. 6946 (10/24/90)]. 2-page document.