Illegal Basement Super Apartment

DOB issued a violation notice to landlord, citing a basement-level Class “A” apartment occupied by the building super. There was no Certificate of Occupancy for the building, but DOB’s inspector testified at a hearing that the most recent HPD I-cards, issued in 1945, showed no apartment in the basement. The ALJ ruled against landlord and fined it $1,200. Landlord appealed and lost. Landlord claimed that earlier I-cards predating the 1945 I-cards showed a basement apartment and established a legal use. But the most recent recorded information must be used to establish the legal use of the building. Since no basement apartment was recorded at that time, none was permitted. 

345 W 70th Tenants Corp.: ECB App. No. 1301215 (3/27/14) [3-pg. doc.]