Landlord Didn't Prove Illegal Alterations Existed When He Bought Building

DOB issued a violation notice to landlord for performing construction work in the building cellar without a permit. The violation cited installation of: (1) water and waste lines for a three-piece bathroom and residential sink; (2) a gas line for a stove; and (3) two partition walls creating two bedrooms. Landlord claimed that the work had been done before he bought the building. He presented a copy of a home inspection report he received in 2000 before he bought the building as proof. The ALJ ruled for landlord and dismissed the violation. DOB appealed. Landlord's home inspection report mentioned a kitchen sink and a three-quarter bathroom in the basement. But the report didn't mention the gas line for the stove or partitions. Landlord's proof that all work was done before he bought the building was insufficient, and he was fined $800.

Rizzuto: ECB App. No. 47519 (12/18/08) [2-pg. doc.]