House Illegally Converted to Two-Family Dwelling

DOB issued a violation notice to owner for illegally converting a one-family house to a two-family dwelling. The inspector described alteration work on the first floor, consisting of the erection of partitions and a full kitchen, three-piece bathroom, and four empty rooms. Landlord submitted a Certificate of Occupancy showing that a storeroom was legal on the first floor. Landlord claimed that there was no violation because the legal occupancy of the building was commercial. The ALJ ruled against landlord, finding that DOB records listed the premises as a "C-2 walk up apartment." Landlord appealed and won. DOB didn't prove that the building was legally approved as a residence. So there could be no violation of the building code provision barring illegal alteration of a one-family residence to a two-family dwelling. The other DOB record that the agency relied on was merely a computer printout that didn't prove the building was residential.

Farrell: ECB App. No. 39418 (3/27/08) [3-pg. doc.]