Building Is Legal Two-Family Dwelling

DOB issued a violation notice to landlord for changing a one-family dwelling to an illegal two-family building. Landlord argued that the use as a two-family building was legal. The ALJ ruled against landlord and fined him $800. Landlord appealed. Landlord had presented to the ALJ a 1947 certificate of occupancy (C of O) stating that the building was authorized as a two-family dwelling. Landlord said that the ALJ's decision was a mistake. ECB ruled for landlord. In addition to the C of O, landlord also showed a new building application filed in 1946, which sought to build a two-family dwelling on the lot. This document supported the C of O. The fine was revoked.

Acosta: ECB App. No. 46516 (5/1/08)[2-pg. document]