Two-Family Residence Illegally Converted to Five Apartments

LVT Number: #24029

DOB issued violation notices to landlord for illegally altering a two-family residence into an illegal five-family residence. DOB's inspector found two apartments in the cellar, one apartment plus two SRO units on the first floor, and two apartments on the second floor. Landlord admitted to the violation, but disputed the daily penalties sought by DOB. The ALJ ruled against landlord and fined him $49,800. Landlord appealed and lost.

DOB issued violation notices to landlord for illegally altering a two-family residence into an illegal five-family residence. DOB's inspector found two apartments in the cellar, one apartment plus two SRO units on the first floor, and two apartments on the second floor. Landlord admitted to the violation, but disputed the daily penalties sought by DOB. The ALJ ruled against landlord and fined him $49,800. Landlord appealed and lost. The ALJ properly imposed daily penalties within the range permitted for the full 45-day period, especially since landlord had no permits to properly restore the building to its prior legal occupancy.

Huang: ECB App. No. 1100924 (1/26/12) [4-pg. doc.]

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