Registered Interim Multiple Dwelling Didn't Need C of O

LVT Number: #25855

The Fire Department issued three violation notices to landlord for failing to produce Certificates of Occupancy (C of Os) for three adjoining buildings. Landlord claimed that the buildings were lofts registered as interim multiple dwellings (IMDs) with the Loft Board and that their occupancy therefore was lawful under Multiple Dwelling Law Section 283 while landlord sought to obtain a C of O. DOB argued that a Letter of No Objection was needed from DOB if no C of O was available.

The Fire Department issued three violation notices to landlord for failing to produce Certificates of Occupancy (C of Os) for three adjoining buildings. Landlord claimed that the buildings were lofts registered as interim multiple dwellings (IMDs) with the Loft Board and that their occupancy therefore was lawful under Multiple Dwelling Law Section 283 while landlord sought to obtain a C of O. DOB argued that a Letter of No Objection was needed from DOB if no C of O was available. The ALJ ruled against landlord, finding that, since the violations were issued before approval of the IMD registration was issued, a C of O was required. Landlord appealed and won. Landlord showed that the buildings were lawful IMDs on the date that the violations were issued. Therefore, no C of O was needed. 

Bleam Realty LLC: ECB App. No. 1400968 (11/20/14) [3-pg. doc.]

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