Cellar Used in Violation of Certificate of Occupancy

July 31, 1999

LVT Number: 13395

DOB issued a violation notice to landlord for converting a cellar into an illegal two-room apartment. Landlord claimed there was no illegal apartment. The ALJ ruled against landlord, finding that although the cellar wasn't actually being used as an apartment, there were amenities in it (e.g., a bathroom) that made it capable of being used as an apartment. This violated city regulations. Landlord was fined $800 and appealed. ECB ruled against landlord. Landlord altered the cellar from storage space to an area that could be occupied as an apartment.

DOB issued a violation notice to landlord for converting a cellar into an illegal two-room apartment. Landlord claimed there was no illegal apartment. The ALJ ruled against landlord, finding that although the cellar wasn't actually being used as an apartment, there were amenities in it (e.g., a bathroom) that made it capable of being used as an apartment. This violated city regulations. Landlord was fined $800 and appealed. ECB ruled against landlord. Landlord altered the cellar from storage space to an area that could be occupied as an apartment. It didn't matter what the actual use was.

Kiser: ECB App. No. 29172 (4/28/99) [3-pg. doc.]

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