One-Family Dwelling Illegally Altered to SRO Units

DOB issued a violation notice to landlord for illegally altering a one-family dwelling to a dwelling for four or more families. DOB's inspector found three SRO units on the second floor, three on the first floor, and one in the cellar. A partition and door also had been added on the first floor to block access between the first and second floors. The inspector testified that a key-locking device also was installed on this door and that landlord didn't have the keys to all the SRO rooms. Landlord, who claimed that he lived in the building, said there were no locks on the bedroom doors and that all occupants of the building had access to all of the rooms. The ALJ ruled for DOB after a hearing and fined landlord $47,400. Landlord appealed and lost. Landlord claimed that his witnesses proved at the hearing that the house was shared by friends and relatives who made up a family in a common household. ECB ruled against landlord, finding that the house was illegally altered. DOB's inspector obtained access to three of the locked rooms and the basement room, and saw personal effects indicating individual SRO living. One occupant also told the inspector that he paid rent to landlord. The locked door between the first and second floors also showed there was no common household. DOB proved there were at least two dwelling units on the second floor, one on the first floor, and one in the cellar.

Higging: ECB App. No. 1101113 (3/29/12) [5-pg. doc.]