Insufficient Proof of Illegal SRO Unit

DOB issued a violation notice to landlord for occupancy contrary to the building's Certificate of Occupancy (C of O). DOB's inspector found that a second-floor class A apartment was subdivided into a smaller apartment and a separate SRO unit with its own entrance door and two rooms. Each of these rooms had a bed, dresser, and door lock. The C of O called for two Class A apartments on the second floor. Landlord claimed that there were no toiletries or cooking facilities in the room, and that the mother of a tenant lived there. The ALJ ruled against landlord and fined him $1,200. Landlord appealed and won. The second floor had two Class A apartments. One of these apartments contained a two-bedroom area with a private entrance. But there was no separate bathroom or kitchen facilities. So there was insufficient proof that this was an illegal SRO unit.

CNM Properties: ECB App. No. 1000697 (1/20/11) [3-pg. doc.]