Illegal Apartment in Ground-Floor Garage

DOB issued a violation notice to landlord for using a ground floor at the rear of a garage for an apartment, in violation of the building's Certificate of Occupancy. Landlord claimed that he was trying to evict tenant of the illegal unit but had not been able to do so, or to correct the violation. The ALJ fined landlord $800. Landlord appealed and lost. It was no defense that before the date of the violation landlord had started the eviction proceeding, or that tenant had obtained a delay in eviction from the court.

Seddio: ECB App. No. 36155 (3/29/07) [2-pg. doc.]