Landlord Claims Prior Landlord Created Illegal Apartment

DOB issued a violation notice to landlord for maintaining an illegal basement apartment in a three-family building. Landlord claimed that the basement apartment was there when he bought the building and he didn't know it was illegal. The ALJ ruled against landlord and fined him $2,200. Landlord appealed and lost. The basement apartment was occupied when the violation notice was issued. The basement apartment violated the building's Certificate of Occupancy. Landlord couldn't claim ignorance as a defense. Landlord should have known what the law was. It didn't matter if prior landlord added the illegal apartment.

Jeremy: ECB App. No. 34877 (4/30/02) [3-pg. doc.]