Violation Incorrectly Based on Prior C of O

DOB issued a violation notice to landlord for having a dry cleaning business in building basement. The Certificate of Occupancy (C of O) for the building stated that the basement was to be used for a dwelling unit. Landlord claimed that DOB relied on the wrong C of O. A later C of O authorized use of the basement as a store and one-family dwelling. The ALJ ruled against landlord. Landlord appealed and won. Landlord proved that the C of O relied on by DOB was no longer in effect. Use of the basement as a dry cleaning establishment appears to fall within the scope of the new C of O. Although DOB claimed that there was still a C of O violation because the entire basement was being used for the dry cleaners, it presented no proof of this claim.

Lazar Family Irrevocable Trust: ECB App. No. 46906 (11/13/08) [3-pg. doc.]