Landlord Added Illegal Bedroom in Basement

DOB issued violation notices to landlord for failing to maintain its building in a safe condition and using space in violation of the Certificate of Occupancy (C of O). The basement had been converted into a bedroom/living room connected to the first-floor apartment, and there was water penetration in the cellar through the exterior wall. Landlord claimed that tenant had done the illegal alterations. The ALJ ruled against landlord and fined it $1,700. Landlord appealed and lost. It was no defense that tenant created the illegal condition. Landlord, as owner, was responsible for maintaining the property in a code-compliant condition.

Howard Beach & 95th St. LLC: ECB App. No. 1200338 (6/28/12) [3-pg. doc.]