Landlord Added Illegal Rec Room to Basement

DOB issued a violation notice to landlord for violating the building's Certificate of Occupancy (C of O). The C of O stated that the building was a three-family multiple dwelling with permitted use of the cellar as a boiler room and for ordinary use and storage. The inspector saw a recreation room in the cellar with televisions, two sofas, exercise equipment, and a full-height partition creating two rooms. Landlord argued that this was ordinary use of the cellar permitted by the C of O. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. The ECB fined landlord $800. A recreation room is a habitable residential space that requires space, light, ventilation, and egress. This wasn't ordinary use and storage permitted by the building's C of O.

Oudeshwar: ECB App. No. 46372 (3/27/08) [2-pg. doc.]