Landlord Fined $2,500 for Illegal Occupancy of Cellar

DOB issued a violation notice to landlord for creating rooms for living and sleeping in a building's cellar, where there was inadequate natural light and ventilation. Landlord argued that he rented out the cellar to someone for storage use only. He said that the tenant improperly altered the unit without landlord's knowledge or consent. The tenant had now moved out and landlord corrected the violation. The ALJ ruled against landlord and fined him $2,500.

Landlord appealed and lost. For the first time, landlord claimed that there was no kitchen sink in the unit and that there was no gas or gas plumbing involved. ECB wouldn't consider these claims for the first time on appeal. And DOB proved a violation of Admin. Code Section 28-118.3.2. The building's C of O didn't permit occupancy in the cellar. And DOB's inspector found a full bathroom and an electrical hotplate in the unit. Landlord was responsible for the condition, even if he had no knowledge and didn't create it. 

DOB v. Khan: ECB App. No. 2000640 (7/16/20) [2-pg. doc.]