Landlord Altered Apartments for Transient Use

DOB issued 11 violations to landlord for, among other things, using five apartments for transient occupancy, failing to provide inadequate exits from those apartments, erecting partitions to create rooms in those apartments, adding locks and keys to interior doors in those apartments, failing to provide fire alarm or sprinkler systems in a transiently occupied building, and failing to comply with minimum height ceiling heights in various apartments. DOB's inspector testified that there were complaints that the building was being used as an illegal hotel, he interviewed some occupants who admittedly were tourists from other countries.

The ALJ ruled against landlord and fined it $18,600. Landlord appealed and won, in part. DOB proved that the building was a Class "A" multiple dwelling and that at least one apartment was occupied for transient use. Under the 2008 Building Code, landlord therefore was required to provide fire alarm and sprinkler systems as well as lobby doors that swung out for egress. DOB also proved that fire escapes were blocked by the locked room doors within apartments. But although the inspector observed sleeping lofts in some apartments, DOB didn't prove inadequate ceiling heights in the apartments. And some of the violations for transiently used apartments were issued before May 1, 2011, when the law governing transient use was changed. Therefore, there was no violation for transient use for the majority of the building's 18 apartments. The total penalty was reduced by $4,000.

RCFHP Inc.: ECB App. No. 1400528 (9/18/14) [11-pg. doc.]