Landlord Created Illegal Basement Apartment

DOB issued a violation notice to landlord for violating the building's C of O. The notice charged that landlord had changed the cellar from storage and ordinary use to an apartment. The ALJ fined landlord $800. Landlord appealed, arguing that even though he had created a basement apartment and rented it to a student, he had now evicted him. ECB ruled against landlord. It didn't matter that landlord had now evicted the illegal tenant. The creation of an illegal basement apartment violated the C of O.

City of New York v. Yang: ECB App. No. 22473 (4/26/95) [2-page document]