Landlord Didn't Create Illegal SRO Units

DOB issued a violation notice to landlord for illegally altering his building. The C of O permitted one apartment on each of the first and second floors and two two-room suites with a bedroom and community kitchen on the third floor. The violation notice claimed that landlord converted the building to a three-room SRO unit on the first floor, a five-room SRO on the second floor, and a five-room SRO on the third floor. Landlord denied making the alterations. The ALJ ruled against landlord and fined him $14,300. Landlord appealed. ECB reversed and revoked the fine. Landlord testified credibly that he lived with his family on the first floor and produced written leases for two apartments, one each on the second and third floors. DOB's inspector said that he saw numerous individuals occupying bedrooms with cylinder locks on these floors. But there was no other proof that these people weren't living in one household within the second- and third-floor apartments. The mere presence of locks on the bedroom doors wasn't enough proof of illegal SRO units.

Olivo: ECB App. No. 43600 (2/26/09) [3-pg. doc.]