Building Illegally Altered from Three-Family to Four-Family Dwelling

DOB issued violation notices to landlord for occupancy by more than the approved number of families and for work without a permit. The first floor, which was legally approved for one apartment, had been subdivided to create an additional illegal dwelling with a sink, microwave oven, three-piece bathroom, living room, and bedroom. In addition, in the cellar the inspector found water and waste lines for a residential sink and toilet and full-height partitions that created an illegal room. Landlord claimed that she was correcting the violations. The ALJ ruled against landlord and fined her $2,000. Landlord appealed and lost. Landlord claimed that the room in the basement was used for storage and that the family needed the extra bathroom there. Landlord also claimed that her elderly mother used the first-floor sink. These explanations were no defense to the violations. Landlord didn't deny that the building was illegally altered, in violation of the Certificate of Occupancy, and that she had no permit to perform the work discovered by the DOB inspection.

Tom: ECB App. No. 1300227 (5/30/13) [1-pg. doc.]