A Few Transients in SRO Building Didn't Violate C of O

LVT Number: #22654

DOB issued a violation notice to landlord for changing the number of building occupants contrary to that authorized by the C of O. The DOB inspector said that he saw at least two SRO units occupied by transient residents. The C of O allowed 51 residential SRO units for permanent occupancy. The ALJ ruled for landlord and dismissed the case based on a recent court decision ruling that an SRO building’s C of O wasn’t violated unless a majority of the units were rented to transients.

DOB issued a violation notice to landlord for changing the number of building occupants contrary to that authorized by the C of O. The DOB inspector said that he saw at least two SRO units occupied by transient residents. The C of O allowed 51 residential SRO units for permanent occupancy. The ALJ ruled for landlord and dismissed the case based on a recent court decision ruling that an SRO building’s C of O wasn’t violated unless a majority of the units were rented to transients. DOB appealed and lost based on the case law and absence of proof of any violation.

315 Montroyal LLC: ECB App. No. 0900486 (2/25/10) [2-pg. doc.]

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