Insufficient Proof Work Was Done Without Permit

DOB issued a violation notice to landlord for doing work without a permit. DOB’s inspector found that full-height partitions had been put up and water and waste lines installed, creating a first-floor bathroom. Landlord claimed that the bathroom was already installed when he bought the building in 1983. He showed a photograph. DOB claimed that the fixtures looked new. The ALJ ruled against landlord and fined him $800. Landlord appealed. ECB ruled for landlord and revoked the fine. DOB’s claim that the fixtures were new was mere speculation. DOB records showed that landlord filed an application with DOB in 1997 to legalize a bathroom installed in the basement. Landlord also submitted a sworn statement from prior landlord stating that the first-floor bathroom was in the building when sold to landlord in 1983. Landlord showed that he wasn’t doing work without a permit.

Assouline: ECB App. No. 42407 (10/2/08) [2-pg. doc.]