Landlord Proves Basement Wasn't Used for Sleeping Quarters

DOB issued two violation notices to landlord based on occupancy in a manner contrary to what was allowed by DOB records, and failure to comply with a DOB order. DOB claimed the building was a one-family dwelling and that the building's basement was illegally used for sleeping quarters. Landlord claimed that the building was a one- or two-family dwelling and that, at the time of inspection, the basement was used only for personal storage.

The ALJ ruled against landlord, who appealed and won. Landlord's son had credibly testified that he and his family lived in the building, and that the basement was used for storage and a small office. So, there was no violation.

DOB v. Lam: ECB App. No. 2101549 (12/16/21)[3-pg. document]