Gym in Cellar Doesn't Violate C of O

DOB issued a violation notice to landlord for occupancy in violation of the building's certificate of occupancy (C of O) because landlord had put up a gym in the building's cellar. Landlord claimed there was no violation because the gym wasn't a commercial facility. The gym was only for the use of the building's residents. The ALJ ruled against landlord and imposed an $800 fine. Landlord appealed and won. The gym was a residential accessory use permitted by the building's C of O.

1100 Park Ave. Co-op: ECB App. No. 31111 (1/20/99) [3-pg. doc.]