Landlord Constructed Wall Without Permit

DOB issued a violation notice to landlord for performing work without a permit. The violation notice stated that landlord constructed a wall over a doorway within an apartment, thereby creating two apartments from one. Landlord claimed that the door had been sealed when it bought the building. Landlord said that the new wall it put up merely replaced one pulled down by tenant and that no permit was required. Tenant stated that previously there was only a latched door that could be opened. The ALJ ruled against landlord and fined it $350. Landlord appealed. Landlord argued that tenant lied in order to try to claim the second apartment as part of his own apartment. ECB ruled against landlord. The only proof that the door was previously sealed was the certificate of occupancy and the building manager's testimony. But the manager never entered either apartment. And prior tenant had complained to DOB about the unsealed door between the two apartments.

Graham Court Owners: ECB App. No. 20665 (8/9/95) [2-page document]