Bedrooms in Cellar Illegal

DOB issued a violation notice to landlord for illegal occupancy of the cellar. The inspector found three bedrooms in the cellar instead of only a storage room and a boiler room. Landlord claimed that the building was a single-family home and his children slept in the cellar bedrooms. The ALJ ruled for landlord, finding that there was no change in the use of the building as a single-family home. DOB appealed, arguing that it didn't matter whether the building was still used for a single family. ECB ruled for DOB and fined landlord $800. Occupancy of the cellar as sleeping quarters violated the building's Certificate of Occupancy. And Building Code Section 27-2087 bars members of a family living in a single-family dwelling from using the cellar for sleeping.

Khan: ECB App. No. 45383 (6/28/07) [2-pg. doc.]