Landlord Didn't Indicate in PW1 That Building Contained Rent-Regulated Units

DOB issued violation notices to landlord for making material false statements on a PW1 Plan/Work Application (PW1) filed with DOB, by indicating that the property contained no occupied housing units and no occupied units subject to rent control or rent stabilization during the proposed alteration. Landlord objected, but the ALJ found that landlord made the false statements and fined him $5,000. Landlord appealed and lost. Landlord didn't rebut DOB's charge that the building contained occupied rent-controlled or rent-stabilized apartments. Landlord argued that DOB failed to present proof that an inspector observed such occupancy. But, since the building contained rent-regulated units in 2018, it could reason that there were rent-regulated tenants in the building two years earlier when the PW1 was filed. 

Edwards: ECB App. No. 1801816 (3/7/19) [3-pg. doc.]