No Permit Needed to Place Storage Units in Cellar

LVT Number: #23615

DOB issued a violation notice to landlord, a co-op building, for installing 18 commercial storage units in the building cellar without a permit. Landlord argued that no permit was required. The ALJ ruled against landlord and fined it $2,000. Landlord appealed and won. ECB found that no permit was needed since the storage units didn’t make a structural change to the building. DOB presented no proof that the storage units affected the building’s health, or its fire or structural safety.

DOB issued a violation notice to landlord, a co-op building, for installing 18 commercial storage units in the building cellar without a permit. Landlord argued that no permit was required. The ALJ ruled against landlord and fined it $2,000. Landlord appealed and won. ECB found that no permit was needed since the storage units didn’t make a structural change to the building. DOB presented no proof that the storage units affected the building’s health, or its fire or structural safety. And since the building’s Certificate of Occupancy didn’t specify how the cellar should be used, there was no violation by this rental storage.

Marion Court Equities CP: ECB App. No. 1100245 (8/18/11) [3-pg. doc.]

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