Landlord Added Illegal Basement SRO Units

DOB issued a violation notice to landlord for illegally altering a two-family dwelling by adding three SRO units in the cellar, along with a Class "A" apartment. The building's Certificate of Occupancy permitted use of the cellar only as storage. The violation notice stated that the building was occupied by four or more families. Landlord claimed that the SRO units were occupied by three siblings who therefore were one family unit. She also claimed that they had moved out. The ALJ ruled against landlord, finding that the violation wasn't corrected before the 45-day correction period ended. Landlord was fined $47,400. Landlord appealed and lost. Each SRO unit had a locked door and contained an individual's personal effects. It didn't matter if the occupants were siblings; they didn't maintain a common household. Also, this was an immediately hazardous violation and partial correction didn't excuse landlord from penalties, including per-day penalties.

Salmon: ECB App. No. 1100758 (8/18/11) [4-pg. doc.]