Penalty Reduced for Illegal Basement Apartment

DOB issued a violation notice to landlord for alteration of a two-family house into a three-family house by creating a cellar apartment without a permit. Landlord showed that he had work permits from DOB to convert the building into a three-family dwelling. Landlord objected to any per-day penalties. The ALJ ruled against landlord and fined him $3,050. Landlord appealed. ECB ruled for landlord in part. Landlord's DOB permits to legalize the cellar alterations were no defense to the violation. The condition had existed from 1999 until 2003, when the violation notice was issued. However, ECB revoked the per-day penalties and reduced landlord's fine to $800.

Tung: ECB App. No. 45390 (6/28/07) [2-pg. doc.]