Landlord Added Illegal Basement Apartment

DOB issued a violation notice to landlord for illegally altering a two-family house by adding a third apartment in the basement. Landlord admitted to the violation. The ALJ fined landlord $800 plus $50 per day for each day that the violation remained after the notice was issued. The total fine was $2,300. Landlord appealed, claiming that the ALJ miscalculated the per-day penalties. He said that they should be reduced by the number of days between the time the notice was mailed and when he received it. ECB ruled for landlord in part. The total per-day penalty is measured from the first full day after the violation notice is issued until the date of correction. The ALJ erred by one day in its calculation, so the total fine was reduced by $50.

Patel: ECB App. No. 47523 (11/17/08) [2-pg. doc.]