Landlord Created Illegal Basement Apartment

DOB issued two violation notices to landlord, one for doing work without a permit and the other for using the cellar as an apartment in violation of the building's Certificate of Occupancy. Landlord claimed that the cellar conditions existed before he bought the building except that he replaced the cellar's steel entrance doors with wooden ones. The ALJ ruled against landlord and fined him $4,000. Landlord appealed and lost. Although a pre-existing condition can be a defense, landlord did replace the doors and added an extension without a permit. And unlawful occupancy of the cellar for sleeping quarters wasn't excusable by any pre-existing construction of the living space in the cellar.

Perera: ECB App. No. 1200167 (5/31/12) [2-pg. doc.]