Cellar Used as Recreation Room in Violation of C of O

DOB issued a violation notice to landlord for occupancy of a building contrary to the Certificate of Occupancy. The DOB inspector saw a cellar occupied as recreation space with two rooms, a couch, TV, dining room, personal effects, a two-piece bathroom, and a laundry area with washer and dryer. DOB records indicated that the cellar was to be used for boiler and storage only. Landlord claimed that she was using the cellar only for laundry and storage. The ALJ ruled against landlord and fined her $1,200. Landlord appealed and lost. Landlord claimed that the furniture was just in the cellar for storage in a tidy manner, but the DOB's photos of the scene indicated use as a habitable recreation room. 

Brown: ECB App. No. 1400074 (5/29/14) [3-pg. doc.]