Illegal Basement Apartment

DOB issued violation notices to landlord for doing work without a permit and maintaining an apartment in the building basement in violation of the building's certificate of occupancy. Landlord claimed that the apartment was in the basement when he bought the building in 1997, that it was never occupied, and that it was used only for storage. The ALJ ruled against landlord and fined him $3,850. Landlord appealed. The ECB ruled for landlord in part. Landlord and a neighbor had credibly testified that the apartment was in the basement when landlord bought the building. So the violation against landlord for work without a permit was revoked. However, the illegal apartment clearly existed, with an equipped kitchen. It didn't matter whether the apartment was occupied. The fine was reduced to $800.

Mendez: ECB App. Nos. 46501-46502 (5/1/08) [3-pg. doc.]