Landlord Created Illegal Cellar Apartment

Landlord filed an Article 78 appeal to challenge an ECB ruling that landlord violated NYC administrative code provisions that required a permit to change occupancy of landlord’s building and which prohibited illegal conversions of dwellings by creating an illegal dwelling unit in a building’s cellar. The court ruled against landlord. Substantial evidence supported ECB’s decision. Landlord claimed that the cellar was used as a recreational space by her family and wasn't a separate dwelling unit where anyone slept. But the building’s Certificate of Occupancy provided for two residential units while the design and arrangement of the building’s cellar included a full bathroom, kitchen with gas stove, dining area, and living area with a couch and television. This established that an illegal fourth dwelling unit had been created, however it was used at the time of inspection. In addition, one attempt by DOB’s inspector at personal service of the violation notices satisfied the “reasonable attempt” requirement. 

Carone v. NYC ECB: 2016 NY Slip Op 03419, 2016 WL 1737351 (App. Div. 1 Dept.; 5/3/16; Tom, JP, Renwick, Richter, Kapnick, Webber, JJ)