Per Day Penalties Revoked

DOB issued a violation notice to landlord for illegally converting a two-family house to a three-family. Landlord admitted the violation and filed a certificate of correction. The ALJ fined landlord $800 plus additional per day penalties, totaling $1,450. Landlord appealed, claiming that no one was actually living in the third, basement unit. Landlord also pointed out that it had corrected the violation immediately. ECB ruled for landlord in part. It didn't matter whether the illegal apartment was occupied or not; there was still a violation. But landlord corrected the violation right away, and the violation notice didn't advise landlord of the maximum penalty that could be imposed. So ECB revoked the per day penalties.

Tiseo: ECB App. No. 32865 (10/25/00) [3-pg. doc.]