Illegal Basement Apartment Found in Two-Family Dwelling

DOB issued a violation notice to landlord for converting the cellar of a two-family home into a dwelling, in violation of the building's Certificate of Occupancy (C of O). DOB's inspector observed bedrooms containing beds and dressers as well as a bathroom. Landlord claimed that he bought the building in the condition found by DOB, and that he had removed the bedrooms and was in the process of removing the bathroom. The ALJ ruled for landlord and dismissed the violation because DOB had no C of O or HPD I-cards proving what the legal occupancy of the building was. DOB appealed and won. DOB had submitted HPD summary records, a BIS printout, and an ARA application all showing that the building was a two-family dwelling. Building Code Section 27-2087(a) precludes cellar occupancy in a one- or two-family dwelling. Landlord was fined $2,400.

Santana: ECB App. No. 1300063 (4/25/13) [3-pg. doc.]