DOB Records Don't Prove Illegal Building Alteration

DOB issued a violation notice to landlord for performing illegal alterations at his building. Landlord converted a one-family dwelling to a two-family dwelling by adding a basement apartment. Landlord claimed that the apartment was there when he bought the building and he had never rented it out. Landlord also pointed out that there was no C of O indicating that the building was a one-family dwelling and that he had paid taxes for a two-family house for 30 years. The ALJ ruled against landlord and fined him $3,050. Landlord appealed. The ECB ruled for landlord and revoked the fine. It didn't matter whether landlord rented the apartment or whether it was there before he bought the house. But DOF records listed the property as a two-family dwelling. This wasn't proof that DOB approved the alteration. DOB claimed that the microfilm record of the C of O had been destroyed in a fire. But since DOB couldn't produce a C of O, it couldn't prove that there had been an illegal alteration.

Lendoiro: ECB App. No. 42225 (5/1/08) [2-pg. doc.]