Building's Cellar Counts as a Story

DOB issued a violation notice to landlord for not filing a report of periodic inspection of the building's facade under Local Law 10. Landlord objected, claiming that it wasn't required to do a facade inspection because the building was fewer than seven stories. The ALJ ruled against landlord and fined him $400. Landlord appealed, arguing that the building's C of O listed six stories and a cellar. Landlord also claimed that a 1994 ruling on a prior violation was binding. ECB ruled against landlord. The number of stories in a building may be different from what is stated in the C of O. And the prior ruling didn't refer to actual building measurements and was made before DOB issued Technical Policy and Procedure Notice #3 of 1996, regarding how to measure a floor in a building. Since more than one half of the cellar's height is above grade level, it counts as a story.

Bedford Park Properties: ECB App. No. 34207 (2/24/04) [4-pg. doc.]