Construction Materials Stored in Garage

DOB issued a violation notice to landlord for changing the occupancy, contrary to that allowed by DOB records, by storing a large amount of construction materials in a residential garage intended for storing an automobile. The violation notice stated that the condition was hazardous. Landlord claimed that there was no hazardous violation. The ALJ ruled against landlord and fined him $800. Landlord appealed and now claimed that he didn't store the materials in the garage. ECB ruled against landlord. Landlord admitted before the ALJ that he stored construction materials in the garage. Landlord also claimed that the condition wasn't hazardous because the area was fenced, the gate was locked, and there were no children in the area. But the violation of occupancy contrary to that allowed by DOB records is considered a hazardous violation, whether or not the condition was ''hazardous.''

Wilson: ECB App. No. 34825 (10/28/03) [3-pg. doc.]