Per-Day Penalties Revoked for Illegal Apartment

DOB issued a violation notice to landlord for illegally altering a two-family residence by adding a third apartment in the rear of the cellar. At a hearing, the ALJ ruled against landlord and imposed per-day penalties in addition to penalties for the violation itself. The total fine was $2,950. Landlord appealed and won. The violation notice didn’t state that DOB was imposing per-day penalties. The inspector didn't check off the box on the violation notice indicating that per-day penalties applied. So landlord didn’t have proper notice that he was subject to per-day penalties. The fine was reduced to $800.

Chen: ECB App. No. 47083 (10/2/08) [2-pg. doc.]