Landlord Fined $22,500 for Transient Occupancy in Residential Building

DOB issued four violation notices to landlord concerning illegal conversion of a Class "A" multiple dwelling to transient use. The ALJ dismissed two of the violations, finding that they failed to set forth facts to support a transient use claim and failed to state what fire alarms were required or missing. The ALJ otherwise fined landlord $1,250 for the other two violations.

DOB appealed and won. DOB argued that it established that the apartment in question was used for transient occupancy based on testimony and photographic proof presented to the ALJ. DOB's inspector interviewed two people at the apartment who admitted they were part of a group of seven who rented the unit through Airbnb. This was a Class 1 violation, so the ALJ incorrectly dismissed one of the violations on the incorrect ground that DOB failed to establish a Class 1 designation. Aggravated penalties also were warranted since prior violations had been issued for the same conditions during the past three years. Landlord was fined an additional $21,250.

DOB v. JR 180 Scholes LLC: ECB App. No. 1900230 (5/2/19) [4-pg. doc.]