Two Illegal Apartments Created in Basement

DOB issued a violation notice to landlord for illegally altering a three-family building to create two apartments in the cellar, each with a bedroom, bathroom, and kitchen. Landlord claimed that there could be no violation, because the cellar apartments couldn’t be occupied due to a water main break that occurred before the violation date. The ALJ ruled for landlord and dismissed the violation. DOB appealed, arguing that the construction of the two apartments in the cellar was enough for there to be a violation. ECB ruled for DOB. The arrangement of two apartments in the cellar was a violation, whether or not they actually were occupied. DOB’s inspector described the illegal units and took photographs. Landlord was fined $5,300.

Kozar: ECB App. No. 47315 (11/17/08) [3-pg. doc.]