DOB Inspector Testimony Believed Over Landlord's Video and Photographs

DOB issued violation notices to landlord for illegally converting its building to include SRO units in the basement. On one date, the inspector found seven SRO units in the cellar as well as a kitchen with a gas stove and two three-piece bathrooms. During the second visit, the inspector found at least two SROs and two three-piece bathrooms in the basement. Landlord denied there were any SRO units or bathrooms in the cellar and produced photographs and a videotape he claimed were taken in 2004 showing only storage rooms. The ALJ believed the DOB inspector despite landlord's proof and fined landlord $16,800. Landlord appealed and lost. Landlord claimed that the ALJ was racist. But review of the hearing record showed no bias by the ALJ. The ALJ based her decision on witness credibility, and ECB found no reason to rule differently. Notably, the building super, who was present during the DOB inspections, did not appear to testify at the hearing.

1234 Stratford Associates LLC: ECB App. Nos. 48002-4 (1/21/10) [2-pg. doc.]