Landlord Fined $6,200 for Converting Two Apartments to Seven SRO Units

LVT Number: #28035

DOB issued four violation notices to landlord, based on illegal conversion of two Class "A" apartments to three SRO units, failure to install an automatic sprinkler system in the building, failure to provide the number of required means of egress for each floor, and failure to provide fire alarm systems for furnished SROs. Landlord claimed that there were no SROs at the building but that the two apartments in question were each two-bedroom units. Tenants, husband and wife, rented both apartments, and may have had unrelated roommates living in one of the apartments.

DOB issued four violation notices to landlord, based on illegal conversion of two Class "A" apartments to three SRO units, failure to install an automatic sprinkler system in the building, failure to provide the number of required means of egress for each floor, and failure to provide fire alarm systems for furnished SROs. Landlord claimed that there were no SROs at the building but that the two apartments in question were each two-bedroom units. Tenants, husband and wife, rented both apartments, and may have had unrelated roommates living in one of the apartments. DOB's inspector testified that, inside one apartment, he found locks on doors of rooms that contained beds, toiletries, and personal effects. The tenant of that apartment told him that he rented rooms to occupants for less than 30 days. Two occupants of the other apartment told the inspector that they were renting separately and were unrelated to the other apartment's tenants. The apartments were vacated the day after DOB inspection. The ALJ found that there were seven SRO units at the building and fined landlord $6,200.

Landlord appealed and lost. Landlord argued that there was insufficient proof that the building had been converted to seven SRO units. DOB's inspector testified that he saw three rooms in one apartment, and four rooms in the other apartment, each with key-locking devices and containing food and toiletries. DOB's photographs supported the testimony. 

KWNY Management LLC: ECB App. No. 1700926 (10/19/17) [4-pg. doc.]

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