Basement Apartment Existed When Landlord Bought Building

DOB issued a violation notice to landlord for altering a basement without a permit. DOB's inspector found basement partitions creating a living space. There was also a gas stove and a three-piece bathroom. Landlord and her daughter testified before the ALJ that the apartment was already built in the basement when she bought the two-family house in 1972. The ALJ believed landlord and dismissed the violation. DOB appealed and lost. DOB's inspector didn't testify at the hearing and DOB's representative didn't cross-examine landlord. So DOB failed to rebut landlord's credible testimony.

Lunghi: ECB App. No. 47548 (8/13/09) [2-pg. doc.]