Landlord Didn't Prove Legal Correction of Violating Condition

DOB issued a violation notice to landlord for illegally altering a building to add an extra apartment. Landlord claimed that it corrected the violation by a certain date. The ALJ limited the amount of per day additional fines based on landlord's report of the violation correction date. DOB appealed, claiming that the per day penalties should be applied for the maximum 45 days allowed. DOB claimed that landlord didn't prove the violation correction date. ECB ruled for DOB. Landlord had claimed that it removed the illegal plumbing, but a permit was needed to do so, and there was no proof that landlord got the permit. Landlord also submitted no other proof that it corrected the violation, such as proof of removal of partitions.

Kumar: ECB App. No. 36256 (2/26/02) [3-pg. doc.]