Cellar Use Violated C of O

DOB issued a violation notice to landlord for violating the building's C of O. The lawful use for the cellar was storage, but the cellar was used as a Class A apartment, with a kitchen and bathroom. Landlord claimed that the apartment was there when he bought the building. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that it wasn't a valid defense to claim that the condition existed when landlord bought the building. The ECB ruled for DOB and fined landlord $800. The 1946 C of O authorized use of the cellar for storage, a boiler room, and a one-car garage only. Landlord was responsible for the unlawful use.

Alonso: ECB App. No. 33186 (9/21/04) [2-pg. doc.]