Installation of Gym Didn't Violate C of O

DOB issued a violation notice to landlord for creating a gym facility in the building cellar in violation of the C of O. Landlord stated that it had merely changed the use of a folding area in the building's laundry room into a gym and claimed there was no violation. The ALJ fined landlord $800, and landlord appealed. The violation notice cited NYC Administrative Code Section 27-217, which states that no new C of O is needed if a change of use is within the same ''use group'' listed in the amended zoning resolution. Landlord argued that its change in the use of the folding area in the laundry room into a gym available to the building's tenants is an accessory use within the same use group and so didn't violate the C of O. Landlord also pointed to DOB Technical Policy and Procedure Notice #6/87, which states that a new C of O isn't required for changing a zoning use that remains with the same zoning use group. ECB ruled for landlord. DOB didn't rebut landlord's claim that there was no violation under either the code section cited in the violation or DOB's own policy statement.

1111 Park Ave. Realty: ECB App. No. 31082 (3/29/00) [3-pg. doc.]