Landlord Fined $1,200 for Illegal Alteration of One-Family Dwelling

DOB issued violation notices to landlord for altering a a one-family dwelling into a three-family and for performing work without a permit. Landlord claimed that the conditions preexisted his ownership of the building and that he immediately began eviction proceedings against tenants after he bought the building. The ALJ dismissed the violations because they didn't contain adequate maximum penalty information. DOB appealed and won, in part. ECB found that the violation notices provided adequate notice of the penalties involved. Copies of the violations mailed to landlord contained both the standard and default penalty amounts for both violations. But, landlord presented sufficient proof that the conditions existed prior to his building ownership. So landlord wasn't responsible for unpermitted work observed at the building. However, a preexisting condition isn't a defense to an illegal alteration violation. So landlord was fined $1,200.

McKenzie: ECB App. No. 1800127 (4/26/18)[3-pg. document]