Landlord Fined $75,000 for Illegally Altering Dwelling

LVT Number: #26613

DOB issued violation notices to landlord for illegal alterations, occupancy in excess of that allowed by the Certificate of Occupancy, and work without a permit. DOB claimed that landlord had converted a legal two-family dwelling into a five-family. The ALJ ruled for DOB after a hearing and fined landlord $75,000, including daily penalties for the maximum 45 days. Landlord appealed and lost. Landlord claimed that he now sought to legalize the conversion but that DOB wouldn't approve permits unless he paid $7,000, which he was unable to pay.

DOB issued violation notices to landlord for illegal alterations, occupancy in excess of that allowed by the Certificate of Occupancy, and work without a permit. DOB claimed that landlord had converted a legal two-family dwelling into a five-family. The ALJ ruled for DOB after a hearing and fined landlord $75,000, including daily penalties for the maximum 45 days. Landlord appealed and lost. Landlord claimed that he now sought to legalize the conversion but that DOB wouldn't approve permits unless he paid $7,000, which he was unable to pay. Landlord didn’t correct the conditions within 45 days, and therefore the penalty was justified. And ECB had no control over DOB’s permit approval process.

 

 

 
Theodore Roosevelt: ECB App. No. 1500846 (10/29/15) [3-pg. doc.]

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