Apartment Used as Illegal Flophouse

DOB issued a violation notice to landlord for illegal occupancy in violation of the building's Certificate of Occupancy. DOB's inspector observed that a Class "A" apartment in the building was being occupied as a transient hotel or "flophouse" with five beds in the living room. One of the occupants told the inspector he paid $10 per day for a bed. Two other men were sleeping on beds at the time of inspection. Another man, identified as the one to whom rent was paid, left abruptly when the inspector entered. The inspector also saw toiletries and a knapsack on one of the beds. Landlord claimed that the presence of five beds in the living room didn't prove illegal occupancy. The ALJ ruled against landlord and fined it $2,000.

Landlord appealed and lost. Landlord argued there was no proof that the apartment was occupied as a transient hotel. Even if some of the occupants were unrelated, landlord claimed that they were boarding with the family. But DOB's testimony was credible. The violation of Code Section 28-118.3.2 was based on proof that the apartment wasn't occupied for permanent residence purposes. DOB didn't have to prove that the unit was being used as a transient hotel. 

Yano Realty LLC: ECB App. No. 1300935 (11/21/13) [3-pg. doc.]