Illegal Occupancy Violation Dismissed

DOB issued a violation notice to landlord for illegal occupancy, based on the conversion of the building's attic and cellar from storage spaces to bedrooms. Landlord claimed that there was no C of O for the building and, therefore, no violation. The ALJ ruled for landlord. The violation was based on New York City Administrative Code Section 27-217. This provision applies only to occupancy of a building contrary to the occupancy permitted by a C of O. DOB appealed, claiming that because there was no C of O, it could rely on other agency records. DOB pointed to an Index Card issued before 1938 that listed the legal uses for the building. ECB ruled against DOB. DOB admitted there was no C of O for the building. And DOB didn't present any Index Card at the hearing. The inspector, in fact, had stated at the hearing that he had found no C of O, plans, or actions listed for the building.

Tsai: ECB App. No. 40528 (8/10/06) [1-pg. doc.]