DOB Didn't Prove Cellar Alterations Violated Building's C of O

DOB issue a violation notice to landlord for illegal occupancy after its inspector saw partitions erected creating illegal use of rooms for living in the building's cellar, including a bathroom with water closet and wash basin. Landlord argued that the two-piece bathroom was legal. Approved plans filed with a new building application, resulting in issuance of a C of O, authorized an open cellar with accessory, non-habitable, uses and meter rooms. Landlord said that no one lived in the cellar. The ALJ ruled against landlord and fined it $1,200. Landlord appealed and won. ECB confirmed that the cellar bathroom was a permitted use under the C of O. And DOB's inspector failed twice to appear for the hearing to discuss why he thought the cellar construction was for living space rather than meter rooms. The violation was dismissed.

Flatbush 1129 Realty LLC: ECB App. No. 1700491 (7/6/17) [3-pg. doc.]