Landlord Illegally Altered Two-Family House

DOB issued a violation notice to landlord for altering a residence as a dwelling for occupancy by more than the legally approved number of families. The two-family dwelling had been converted into a four-family dwelling. The cellar was converted into a Class A apartment, and the first-floor apartment was converted into two SRO units. Landlord claimed that the cellar apartment existed when he bought the building and that the first-floor tenant had created the SRO units. The ALJ dismissed the violation, finding that DOB didn't prove the legal status of the building. DOB appealed and won. DOB had submitted legal records in lieu of a Certificate of Occupancy showing that it was a two-family dwelling. And the building had been illegally altered. It didn't matter that a tenant, and not landlord, may have created the SRO units. Landlord was fined. $47,400.

Hanif: ECB App. No. 1200282 (6/28/12) [4-pg. doc.]