Landlord Added Illegal Basement Apartment

DOB issued a violation notice to landlord for altering the cellar of a one-family dwelling to add an apartment, in violation of the building’s Certificate of Occupancy (C of O). Landlord claimed that the unit was in the basement when he bought the building. He also pointed out that the DOB inspector found no beds and that no one was living in the basement unit at the time of inspection. The ALJ ruled for landlord and dismissed the violation. DOB appealed. ECB ruled for DOB and fined landlord $800. The design of the cellar and not its actual use determined whether there was an illegal dwelling unit. The inspector saw a two-room unit containing an area with a sink and a stove. The space was subdivided and usable as sleeping quarters. It also had a full bathroom. It was designed as living space and violated the building's C of O.

Mackiewicz: ECB App. No. 47530 (3/26/09) [3-pg. doc.]