C of O Needed for Change from 2- to 3-Family House

DOB issued a violation notice to landlord for not getting a new certificate of occupancy when she converted a two-family house to a three-family. The ALJ and ECB ruled against DOB. DOB later asked ECB to reconsider its ruling based on an error of law. ECB reopened the case and ruled for DOB. ECB agreed with DOB's interpretation of the law. Two- and three-family houses belong to the same zoning use group. A new C of O is not required by law when a building is changed but remains in the same use group, ''except as provided by law.'' Changing the building to a three-family made it a multiple dwelling. All multiple dwellings must have a certificate of occupancy. So a new C of O was needed when landlord's building was converted to a multiple dwelling, even if it remained in the same use group as before.

Chin: ECB App. No. 30846 (9/15/99) [4-pg. doc.]