Illegal Attic Apartment Was Preexisting Condition

DOB issued a violation notice to landlord for having an illegal attic apartment in his two-family house. Landlord's witnesses, who were neighbors, testified that the apartment existed before landlord bought the house. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. Contrary to DOB's claim, landlord wasn't required to show that the attic gas line was legal when installed, only that a previous owner performed the installation and the other work. Two neighbors submitted detailed, sworn statements showing that they had been inside the attic apartment before landlord bought the building. 

Ferguson: ECB App. No. 1500140 (3/26/15) [4-pg. doc.]