Duplicate Violation Revoked

DOB issued two violation notices to landlord. The first one was issued for violation of a law banning illegal alterations involving change in occupancy. The second one was issued for violation of a law barring change of occupancy or use that is inconsistent with the last issued change of occupancy for the building. Landlord argued that the second violation was a duplicate of the first and should be revoked. The ALJ ruled for landlord and dismissed the violation. DOB appealed, claiming that the first violation dealt with conversion of the building, not its occupancy. DOB also argued that landlord could be charged under two different sections of law for the same condition. ECB ruled for landlord. The evidence to prove both violations was the same---the creation of an apartment in the cellar. The second violation was a duplicate of the first.

Owner of 142-22 60 Ave.: ECB App. No. 30780 (10/28/98) [3-pg. doc.]