Landlord Gets Second Chance to Prove Illegal Unit Was Pre-Existing Condition

LVT Number: #30900

DOB issued violation notices to landlord for altering a two-family residence for more than the legally approved number of families, and for work without a permit. DOB claimed that the buildings' C of O authorized a one-car garage, boiler, and storage on the first floor. But this area was converted into a Class "A" apartment. The second and third floor each contained an apartment. Landlord bought the building in 1986 and claimed that the first-floor apartment existed at that time.

DOB issued violation notices to landlord for altering a two-family residence for more than the legally approved number of families, and for work without a permit. DOB claimed that the buildings' C of O authorized a one-car garage, boiler, and storage on the first floor. But this area was converted into a Class "A" apartment. The second and third floor each contained an apartment. Landlord bought the building in 1986 and claimed that the first-floor apartment existed at that time.

The ALJ ruled against landlord, finding insufficient proof was submitted to show the first-floor apartment was pre-existing when landlord bought the building. And this wasn't a defense to one of the violations. The ALJ fined landlord $2,500.

Landlord appealed and won, in part. The ALJ should have given landlord an adjournment to submit additional proof that the first-floor apartment existed when he bought the building.

DOB v. Puszka: ECB App. No. 2000185 (3/5/20) [2-pg. doc.]

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