Building Was Altered Without Valid C of O

DOB issued a violation notice to landlord for altering a building occupied without a valid certificate of occupancy (C of O). DOB's inspector observed a class A apartment in the cellar with full kitchen, gas stove, and three-piece bathroom with stall shower. Landlord claimed that she bought the building from her grandmother in 2014 and the conditions were pre-existing. The ALJ ruled against landlord and fined her $1,000, finding that a pre-existing condition wasn't a defense to occupancy without a valid C of O. Landlord appealed and lost. DOB properly found that landlord violated Building Code Section 28-118.3.2, which barred a change in a portion of a building's occupancy that would bring it under other applicable rules, "unless and until commissioner has issued a new certificate of occupancy."

Harrison: ECB App. No. 1701263 (3/8/18) [3-pg. doc.]