Per-Day Penalties for Illegal Alterations Revoked

LVT Number: #20827

DOB issued a violation notice to landlord for the illegal alteration of a two-family residence into a residence for occupancy by one family plus four SRO units. Landlord testified that when she received the violation she immediately removed the deadbolt locks from the doors on the second floor and certified correction of the violation to DOB shortly thereafter. The ALJ imposed per-day penalties against landlord for 33 days, covering the period between correction of the violation and filing of the certification. Landlord appealed and won.

DOB issued a violation notice to landlord for the illegal alteration of a two-family residence into a residence for occupancy by one family plus four SRO units. Landlord testified that when she received the violation she immediately removed the deadbolt locks from the doors on the second floor and certified correction of the violation to DOB shortly thereafter. The ALJ imposed per-day penalties against landlord for 33 days, covering the period between correction of the violation and filing of the certification. Landlord appealed and won. Landlord showed that the violation didn't continue but was corrected. So the penalty was reduced from $5,750 to $800.

Spencer: ECB App. No. 46698 (8/14/08) [1-pg. doc.]

Downloads

ECB App. No. 46698.pdf125.61 KB