Landlord Didn't File Certificate of Correction

DOB issued two violation notices to landlord for failing to comply with a DOB order. Landlord hadn't filed a Certificate of Correction of a 2018 violation for altering a residence as a dwelling for more than the legally approved number of families. Landlord argued that DOB had signed off on the illegal plumbing in 2019 and rescinded a vacate order in early 2020. The ALJ ruled against landlord and fined him $2,500. Landlord appealed and lost. Landlord argued that the illegal basement apartment hadn't been occupied for two years after the initial violation was issued. But DOB continued to deny correction until landlord could obtain a new C of O. But taking necessary steps to correct a violation, without fully correcting it and filing an acceptable certificate of correction with DOB wasn't sufficient to prove compliance with a DOB order. 

DOB v. Luzario: ECB App. No. 2001440 (2/11/21)[2-pg. document]