Condition Existed on Date of Inspection

DOB issued a violation notice to landlord for altering cellar storage to apartments in violation of the building's C of O. Landlord claimed the condition had been corrected because tenant had moved out of the cellar before the violation notice was served. The ALJ ruled against landlord and fined him $800. Landlord appealed. ECB again ruled against landlord. The illegal apartment existed on the inspection date. It didn't matter that tenant had moved out.

City of New York v. Blackwood: ECB App. No. 20660 (6/28/95) [2-page document]