Landlord Added Illegal Apartments to Two-Family Dwelling

LVT Number: #22447

DOB issued a violation notice to landlord for illegally altering a two-family dwelling. The notice stated that landlord converted the building to apartments on the cellar and first floors, and created two SRO units on the third floor. Landlord complained that this was the third violation he received for the same conditions. He claimed that he had cured the conditions but submitted no proof. The ALJ ruled against landlord and fined him $6,950. Landlord appealed. ECB found that the new violation notice didn’t duplicate the prior violations.

DOB issued a violation notice to landlord for illegally altering a two-family dwelling. The notice stated that landlord converted the building to apartments on the cellar and first floors, and created two SRO units on the third floor. Landlord complained that this was the third violation he received for the same conditions. He claimed that he had cured the conditions but submitted no proof. The ALJ ruled against landlord and fined him $6,950. Landlord appealed. ECB found that the new violation notice didn’t duplicate the prior violations. Each one of the notices described different illegal units. And DOB was allowed to issue the same violation on different dates for the same hazardous conditions. However, the ALJ imposed an incorrect daily penalty amount, and the total fine was reduced to $5,375.

Chan: ECB App. No. 46182 (10/29/09) [3-pg. doc.]

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