Insufficient Proof of Illegal Transient Occupancy

DOB issued violation notices to landlord of a residential hotel for occupancy contrary to a temporary certificate of occupancy and for use of top-floor apartments for transient occupancy in violation of the C of O. Landlord objected but the ALJ ruled against landlord and fined it $50,000. This included aggravated penalties for the transient use. Landlord appealed and won. Landlord had altered the number of apartments on the top floor from 19 to 15, which was inconsistent with the TCO. But DOB failed to prove transient use of the top floor. DOB's inspector didn't appear at the hearing, no facts were listed in the violation notice, and the photographs taken by the inspector didn't identify any particular rooms or show transient use. So that violation was dismissed. The fines were reduced to $2,400.

The Lillian Goldman Family: ECB App. No. 1500132 (4/30/15) [4-pg. doc.]