Landlord Created 15 Illegal SROs

DOB issued a violation notice to landlord for illegally altering a two-family house into 15 SRO units. Landlord admitted that tenants had been evicted from the illegal SRO rooms but showed no proof that he had corrected the illegal alterations. The ALJ fined landlord $68,300, and landlord appealed. He claimed that he was denied a right to an attorney, that he'd corrected the violation because the tenants had been evicted, and that the penalties were excessive because they included additional per-day penalties. ECB ruled for landlord, in part. After two delays, and after being advised of his right to an attorney, landlord had stated to the ALJ that he wanted to go forward without an attorney. By the time that landlord changed his mind in the middle of the hearing it was too late to do so. Also, landlord didn't correct the violation when the SRO tenants were evicted. Landlord was required to also restore the premises to its former legal use. But landlord was correct that the penalties were excessive. The violation notice didn't give landlord notice that he was subject to additional per-day penalties for the violation. So the fine was reduced to $800.

Safos: ECB App. No. 31089 (12/15/99) [4-pg. doc.]