Illegal Conversion to Four-Family Dwelling Was Immediately Hazardous Violation

DOB issued violation notices to landlord for illegally altering a two-family house by adding two additional apartments in the cellar, for performing work without a permit, and for creating an immediately hazardous condition. Landlord claimed that she had filed plans for conversion to a three-family, not a four-family, dwelling, and shouldn't be assessed per-day penalties. The ALJ ruled against landlord and fined her $29,000. Landlord appealed and lost. DOB's inspector saw two apartments in the cellar. Since landlord offered no proof of correction within 25 days of the violation notice, per-day penalties of $1,000 per day for up to 25 days were permissible. The building code also classified illegal conversion of a one- or two-family dwelling to a dwelling for four or more dwelling units as an immediately hazardous violation. Landlord was fined $2,400 for this violation, $1,600 for work without a permit, and $25,000 for per-day penalties.

Elena: ECB App. No. 1000690 (1/20/11) [5-pg. doc.]