No Proof C of O Permits Use of Residence as Medical Office

DOB issued a violation notice to landlord for occupancy of a building in violation of the Certificate of Occupancy (C of O). The building owner claimed that the notice was delivered improperly. The ALJ ruled against the owner and fined him $300. Owner appealed and lost. The owner claimed, for the first time on appeal, that the current C of O allowed him and his wife to maintain their medical practice in their house. He argued that there was no illegal occupancy. ECB refused to consider this claim, made for the first time on appeal and unsupported by other proof in the record.

Bedford Realty & Management: ECB App. No. 1400671 (8/28/14) [1-pg. doc.]