Landlord Created Illegal Guest Apartment

DOB issued a violation notice to landlord for altering a dwelling for occupancy by more than the legally approved number of families. Landlord owned a three-story, two-family house. The Certificate of Occupancy authorized the third floor as one apartment, and the second and first floors as a second, duplex apartment. DOB's inspector found that the first floor was arranged as a separate apartment, with a separate entrance, kitchen, and three-piece bathroom. There was no interior staircase to the second floor. The ALJ fined landlord $1,200. Landlord appealed and lost. Landlord claimed that she lived with her daughter on the second floor and that they used the first floor as a guest apartment for family members. She said no one lived on the first floor. This didn't matter. What mattered was that the first floor was arranged for use as a separate apartment.

Scocozza: ECB App. No. 1000883 (1/20/11) [2-pg. doc.]