Landlord Added Illegal SRO Units to Two-Family House

DOB issued a violation notice against landlord for illegally altering a two-family house. DOB's inspector noted that the first-floor boiler room had been converted to a class "A" apartment with a bathroom and gas line for a stove. In addition, three SRO units were created on the second floor, each containing a bed, television, personal effects, and locking device. Landlord claimed that it had filed an application with DOB to legalize the first-floor apartment. He also said that the second-floor tenant had put the locks on the doors on the second floor, that the SRO occupants had moved out, and the locks were removed. The ALJ ruled against landlord, finding insufficient proof that the violation was corrected, and fined him $9,800. Landlord appealed and lost. Landlord claimed that he didn't know that tenant had divided the second floor and wasn't responsible for the unauthorized use. But landlord, as the owner of the building, was ultimately responsible for any violations whether or not he knew about them.

Yat-Saint: ECB App. No. 46411 (8/13/09) [3-pg. doc.]