Landlord Didn't Cure Work-Without-Permit Violation

LVT Number: #22946

DOB issued a violation notice to landlord for failing to comply with a prior order to obtain a permit for plumbing and partitions for an apartment installed on the first floor of landlord's building. Landlord claimed that he hadn't applied for the permit because DOB said he must first pay $5,000 for the initial violation. The ALJ ruled against landlord and fined him $1,600. Landlord appealed and lost. Landlord was illegally converting a garage into a dwelling unit.

DOB issued a violation notice to landlord for failing to comply with a prior order to obtain a permit for plumbing and partitions for an apartment installed on the first floor of landlord's building. Landlord claimed that he hadn't applied for the permit because DOB said he must first pay $5,000 for the initial violation. The ALJ ruled against landlord and fined him $1,600. Landlord appealed and lost. Landlord was illegally converting a garage into a dwelling unit. Whether DOB charged excessive fees for permit application processing or charged landlord an unfair penalty was beyond ECB's scope of review. DOB correctly issued a violation notice to landlord for not complying with its prior order after 13 months.

Howard: ECB App. No. 1000128 (8/19/10) [3-pg. doc.]

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