Landlord Added Illegal Basement Apartments and Rooms

DOB issued two violation notices to landlord, one for occupancy in a manner contrary to DOB records, and the other for performing work without a permit. The DOB inspector noted that building records authorized 16 Class "A" apartments, three on each of the first through fifth floors and one in the cellar. The inspector saw three additional Class "A" apartments and four SRO units in the cellar. In addition, the inspector saw work in progress, including the erection of full-height partitions creating nine rooms; water and waste lines installed for three bathrooms and three residential sinks; as well as gas lines for three stoves.

Landlord claimed that the violation incorrectly cited three apartments at 17 Arden Street when one was in fact in the portion of the cellar that was beneath the adjoining 15 Arden Street. He also claimed that the conditions found were pre-existing when he bought the buildings. The ALJ ruled against landlord, fining it $2,400 for the first violation and $1,600 for the second violation. Landlord appealed and lost. It was undisputed that landlord owned both buildings and that a small metal hatch door in the boiler room separated the two cellars. Even if there were only two Class "A" apartments at 17 Arden Street, DOB "I-cards" showed that only one apartment was permitted. So the building still was occupied in a manner contrary to that allowed by DOB. And landlord submitted insufficient proof a pre-existing condition.

15-17 Arden St LLC: ECB App. Nos 1201249, 1201250 (2/28/13) [3 pg. doc.; 3 pg. doc.]