Kitchen and Bathroom in Cellar Violated C of O

DOB issued a violation notice to landlord for occupancy of a cellar, in violation of the building's C of O. The cellar was changed from storage and ordinary use to an apartment with kitchen and bathroom facilities. Landlord claimed that the use was approved in 1957 but submitted no proof. The ALJ ruled against landlord and fined him $800. Landlord appealed, arguing that the cellar space was used as an actual separate dwelling space. The ECB ruled against landlord. It didn't matter how the space was used. Its structure created the violation.

Rai: ECB App. No. 33366 (10/29/02) [1-pg. doc.]