Fire Department's Claim That Two-Family Was Multiple Dwelling Is Denied

The Fire Department issued a violation notice dated Oct. 23, 2012, to landlord for failing to obtain a valid FDNY permit for storage of fuel oil for an oil burner. Landlord argued that the building was a two-family house and therefore wasn't required to get this permit. The Certificate of Occupancy (C of O) was for a two-family house and landlord claimed that there was also a basement apartment when he bought the house but that he had removed it. The ALJ ruled for landlord and dismissed the violation. The Fire Department appealed and lost. The Fire Department claimed that the building was registered with HPD as a multiple dwelling. But landlord had submitted the 1925 C of O and DOF Notice of Property Value, which both listed the building as a two-family. Since the Fire Department didn't present other evidence before the ALJ, it couldn't do so on appeal.

Beharry: ECB App. No. 1200650 (8/29/13)[3-pg. document]