Illegal Apartment Added to Cellar of One-Family Dwelling

LVT Number: #24546

DOB issued two violation notices to landlord for work without a permit and illegal alterations to a one-family dwelling. DOB's inspector saw partition walls for two rooms, a bathroom, and a gas line for a stove. Landlord claimed that the conditions were there when she bought the building. Landlord admitted only that she added a shower to an existing half bathroom. The ALJ ruled against landlord and fined her $2,800. Landlord appealed and lost.

DOB issued two violation notices to landlord for work without a permit and illegal alterations to a one-family dwelling. DOB's inspector saw partition walls for two rooms, a bathroom, and a gas line for a stove. Landlord claimed that the conditions were there when she bought the building. Landlord admitted only that she added a shower to an existing half bathroom. The ALJ ruled against landlord and fined her $2,800. Landlord appealed and lost. Building Code Section 28-210.1 makes it illegal to convert any dwelling for occupancy by more than the legally authorized number of families, or to maintain or assist in maintaining the conversion. It was no defense that the work was done before landlord bought the building.

Brooks: ECB App. No. 1200863 (11/29/12) [3-pg. doc.]

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