Illegal Basement Apartment Added to Two-Family Dwelling

DOB issued a violation notice to landlord for illegally converting a two-family house into a multiple dwelling by adding an illegal basement apartment. Landlord didn't dispute that the basement apartment had a full bathroom and kitchen, and was connected by a staircase to the first story. But landlord argued that the apartment existed when he bought the house in 1999. The ALJ ruled against landlord and fined him $1,600. Landlord appealed and lost. Landlord's proof of a preexisting condition was insufficient. The sworn statements from neighbors who lived down the block didn't show that they knew the condition of the building before landlord bought it. And landlord couldn't submit new evidence for the first time on appeal.

Palacci: ECB App. No. 1000546 (1/20/11) [2-pg. doc.]