Per-Day Penalties Continue When Building Sealed

DOB issued two violation notices to landlord, on Jan. 12 and March 30, 2006, for illegal alteration of a second-floor legal loft to 13 SRO units. DOB's inspector said the condition was highly hazardous, and the violation notices charged per-day penalties. Landlord claimed that there should be no penalties for the period starting April 18, 2006, when the city sealed the building. At that point, landlord claimed, it had no control over the building. The ALJ ruled for landlord and fined it $18,200. DOB appealed and won. ECB fined landlord an additional $24,300. The order to vacate the building didn't end landlord's responsibility for the violation. Landlord illegally added dwelling units to the loft, and the violation continued until landlord restored the loft to its original layout.

365 Canal Corp.: ECB App. No. 45574 (10/29/09) [4-pg. doc.]