Landlord Fined $33,400 for Pre-Existing Illegal Apartments

DOB issued violation notices to landlord for illegally altering a two-family dwelling by adding apartments to the cellar and basement. Landlord claimed that the two additional apartments existed when he bought the building in 1998. He also claimed that he immediately began correcting the conditions when he received the violation. The ALJ ruled against landlord and imposed per-day penalties of $1,000 per day for 31 days, from the day after the violation notice was issued to the day landlord’s plumbing permit was approved. Landlord appealed and lost. Pre-existing condition wasn't a defense under Code Section 28-210.1 since landlord permitted the maintenance of an illegal conversion. And the per-day penalty wasn’t excessive. Landlord was fined $2,400 plus $31,000 in per-day penalties.

Tajeshwar: ECB App. No. 1500481 (7/30/15) [4-pg. doc.]