Apartment Illegally Partitioned for Transient Use

DOB issued violation notices to landlord for doing work without a permit and unlawful occupancy. DOB's inspector found that two bedrooms had been created by partitions in an apartment without a permit, that the living room didn't have proper light or ventilation, and that occupants had rented the unit for a three-day stay. Transient use was contrary to DOB records for the building. Landlord claimed that the partition was only temporary and that the apartment wasn't transiently occupied. The ALJ ruled against landlord and fined it $1,000.

Landlord appealed and lost. ECB found that the installation of a temporary partition creating two bedrooms wasn't a minor alteration. The partition blocked the windows inside the illegal bedrooms, leaving the living room area with inadequate light and ventilation. The change in configuration also posed a risk to first responders since it didn't match DOB plans showing the layout. And transient use was unlawful in the Class A apartment. Tenant stated that he rented the apartment to business travelers for short-term stays.

Highpoint Associates V LLC: ECB App. No. 1300065 (4/25/13) [4-pg. doc.]