Landlord Fined for Transient Use of Two-Family Dwelling

DOB issued violation notices to landlord for using a two-family dwelling containing Class "A" apartments for transient use. DOB relied on HPD records showing that an inspector interviewed occupants who said they had booked a unit for a four-night stay at the building and paid $470. Landlord objected, but the ALJ dismissed only one of the four violations and found that there was insufficient proof that the change in occupancy was inconsistent with the building's Certificate of Occupancy or Certificate of Completion, or that the change brought the building under some special provision of the administrative code. Otherwise, the ALJ upheld violations for failing to maintain the premises in accordance with the Building Code, failing to provide sprinklers, failing to provide two independent means of egress, and failing to provide a fire alarm. The ALJ fined landlord $5,300.

DOB appealed and won. The change in occupancy brought the building under special provisions of the Building Code and Administrative Code that applied only to transiently occupied buildings. An additional penalty of $2,400 was imposed.

DOB v. Partush: ECB App. No. 1800467 (7/12/18) [3-pg. doc.]