Basement Apartment Created Without Permit

DOB issued a violation notice to landlord for failing to comply with a prior ECB order to correct an illegal apartment in the building's cellar. DOB had ordered landlord to obtain a permit or to restore the premises to its prior legal condition. Landlord claimed his failure to correct the condition was caused by DOB administrative delay. He said he had filed building plans before the violation was issued, although they weren't approved until a few weeks after the violation. The ALJ ruled against landlord and fined him $6,000. Landlord appealed and lost. Any delay by DOB didn't excuse landlord. The original violation was issued nine months before the second violation, and it took landlord 10 months to correct the condition.

Caceido: ECB App. No. 1100827 (12/15/11) [3-pg. doc.]