Illegal Apartment in Basement

DOB issued two violation notices to landlord, for doing work without a permit and for maintaining an occupancy contrary to the building’s Certificate of Occupancy (C of O). DOB’s inspector testified at a hearing that there was an illegal dwelling unit in the basement of the two-family house. The ALJ ruled against landlord and fined him $2,800. Landlord appealed and lost. Landlord admitted that work was done without a permit but claimed that there were only two dwelling units. But the number of dwelling units wasn’t the issue. The location of an apartment in the basement violated the C of O. The appeal was dismissed.

Gerasimou: ECB App. No. 1500550 (8/27/15) [3-pg. doc.]