Apartment Illegally Converted to Two SRO Units

DOB issued a violation notice to landlord for altering its building without a permit. DOB claimed that the building was legally approved for six families on the second floor and a store on the first floor. DOB's inspector saw that one of the apartments had been converted into two SRO units sharing a kitchen and a bathroom. The ALJ dismissed the violation, finding that there was no indication of separate locks on the SRO units. DOB appealed and won. Landlord didn't deny that it created the two units, and the absence of locks wasn't raised at the hearing before the ALJ. Also, door locks were only one factor in determining whether landlord created illegal units. DOB's inspector saw beds, televisions, and personal effects in each of the two SROs. Landlord claimed not to know about the conversion. But landlord is responsible for the illegal condition, whether or not it had knowledge. Landlord was fined $3,050.

Cornaga Realty Associates: ECB App. No. 46872 (8/14/08) [2-pg. doc.]