Landlord Created Illegal Basement Apartment

DOB issued a violation notice to landlord for illegally adding a fifth apartment to a building approved as a two- to four-family dwelling. Landlord claimed that he had converted the cellar to add a living space for his homeless sister. She had moved out, and he planned to restore the cellar to its prior condition. The ALJ ruled against landlord and fined him $2,400. Landlord appealed and lost. Landlord claimed that since his sister no longer lived in the cellar, there was no longer any violation. But the existence of the Class “A” apartment in the cellar was the violation. The apartment also had insufficient lighting and ventilation. 

Velazquez: ECB App. No. 1500413 (2/19/15) [3-pg. doc.]