Landlord Fined $2,000 for Operating Basement Office

DOB issued a violation notice to landlord for illegal use in a residential zoning district. DOB's inspector found a real estate office operating in the cellar of the residential building. At a hearing, landlord's engineer showed that he had applied to DOB to legalize the use of the cellar as an office for the on-site building manager and super. The ALJ ruled against landlord and fined it $2,000. Landlord appealed and lost. The building was in an R-8 residential district and the use violated the Zoning Resolution. The fact that landlord was in the process of applying for legalization of the unit wasn't a defense to the violation.

Ninth Avenue Realty LLC: ECB App. No. 1300467 (7/25/13) [3-pg. doc.]