Landlord Added Illegal Basement Apartment

DOB issued two violation notices to landlord, one for illegal residential conversion and one for work without a permit. DOB's inspector found that landlord had created an apartment in the basement of a single-family house. The inspector also found water and waste lines for a kitchen sink and a gas line for a stove had been installed on the second floor without a permit. Landlord claimed that the basement apartment existed when she bought the house in 2007 and that after the violation was issued, the house was approved for use as a two-family dwelling. Landlord also obtained a permit for the second floor after charged with a violation. The ALJ ruled against landlord and fined her $2,800. Landlord appealed and lost. Illegal conversion of the basement by prior landlord was no defense since it was unlawful to "maintain" the conversion. And getting a permit for the second-floor installations after issuance of the violation notice was no defense. Landlord admitted that both violations existed on the date the notices were issued.

Khandaker: ECB App. No. 1000303 (8/19/10) [3-pg. doc.]