Illegal Basement Apartment Added to Two-Family House

DOB issued a violation notice to landlord for illegally altering a two-family house to add a cellar apartment. Landlord claimed that he rented the first floor and the cellar to one family, and that both he and tenant used the cellar for storage. The ALJ ruled for landlord and dismissed the violation, finding that there was no proof that the rooms in the cellar were used for an apartment. There was no testimony that the inspector saw beds or a refrigerator in the cellar. DOB appealed and argued that the absence of beds was irrelevant. It was the arrangement of the space and not the actual use that established the violation. ECB ruled for DOB and fined landlord $3,050. Landlord didn't dispute that the cellar had a three-piece bathroom, cooking facilities, and rooms that were usable for sleeping quarters. The design of the cellar showed that an illegal dwelling unit had been created.

Naghdi: ECB App. No. 46515 (5/1/08) [3-pg. doc.]