Partitions Erected by Prior Landlord

LVT Number: 14044

DOB issued several violation notices to landlord, citing four illegal cellar apartments, work without a permit, and erection of partitions creating apartments. Landlord claimed there was only one, legal, super's apartment in the basement and that he hadn't installed the partitions. The ALJ ruled against landlord and fined him $1,600. Landlord appealed. ECB ruled for landlord in part. The ALJ had properly found that there were four illegal apartments, based on the inspector's testimony.

DOB issued several violation notices to landlord, citing four illegal cellar apartments, work without a permit, and erection of partitions creating apartments. Landlord claimed there was only one, legal, super's apartment in the basement and that he hadn't installed the partitions. The ALJ ruled against landlord and fined him $1,600. Landlord appealed. ECB ruled for landlord in part. The ALJ had properly found that there were four illegal apartments, based on the inspector's testimony. But landlord believably testified that no partitions had been installed since he bought the building two years earlier. ECB revoked half the fine.

Hewitt: ECB App. No. 32720 (2/23/00) [3-pg. doc.]

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