Illegal Bedroom in Cellar

DOB issued a violation notice to landlord for occupancy in violation of the building’s certificate of occupancy (C of O). The inspector stated that the C of O authorized five apartments on the first floor, and ordinary use and recreation rooms in the cellar. The inspector saw that two first-floor apartments had been joined to the cellar, creating duplex apartments, and that the lower half of one apartment contained a bedroom in the cellar. Landlord claimed that the notice was delivered improperly, but also denied that there was a bedroom in the cellar. The ALJ ruled against landlord and fined it $1,200. Landlord appealed and lost. DOB made a reasonable attempt at personal delivery of the violation notice and presented sufficient proof of mailing. DOB also proved illegal occupancy of the cellar. The violation stated that the lower half of the cellar had a bedroom with a bed, a dresser, and clothes. At the hearing, the inspector clarified in testimony that only one of the duplex apartments had a bedroom at the cellar level, that he spoke with the tenant who lived there, and that tenant stated that someone was sleeping in the cellar.

Pacific Smith Realty, LLC: ECB App. No. 1200564 (8/30/12) [4-pg. doc.]