Landlord Converted 10-Unit Building to Halfway House

DOB issued a violation notice to landlord for illegally converting an apartment building, in violation of the Certificate of Occupancy (C of O). At a hearing, the inspector stated that the C of O authorized two Class "A" apartments on each of the five floors. But landlord had set up an office, rooms with a total of 96 beds, and a community room. Landlord also had removed gas lines to where the apartment kitchens had been. Landlord argued that the inspector's testimony was insufficient proof of any violation. The ALJ disagreed and fined landlord $2,400. Landlord appealed and lost. Landlord had set up a halfway house for recovering addicts, in violation of the building's C of O. The building wasn't being occupied as Class "A" apartments. It didn't matter how many people were living in the apartments. What mattered was that landlord had converted one apartment into an office and removed the kitchens. The units were then no longer Class "A" apartments, and the C of O was violated.

670 St. Ann's Partners, LLC: ECB App. No. 1000773 (1/20/11) [3-pg. doc.]