Landlord Added Two Illegal Basement Apartments

DOB issued a violation notice to landlord for maintaining two Class "A" basement apartments in violation of the Certificate of Occupancy, which permitted only one dwelling unit in the basement. The DOB inspector noted that the two apartments created a hazardous condition affecting secondary egress from the building. Landlord claimed that the basement apartments were there when she bought the building, and that one exit from the basement was available to both basement apartments. The ALJ dismissed the violation. DOB appealed and won. DOB argued that the Building Code required two means of egress from each floor and that failure to provide this in the basement posed a severe threat to residents. DOB claimed that it didn't matter if the second apartment was pre-existing. ECB ruled for DOB and fined landlord $2,400. The creation of an illegal second basement apartment created a hazardous condition.

Davis: ECB App. No. 1200348 (6/28/12) [3-pg. doc.]