Landlord Fined $2,500 for Illegally Occupied Basement Apartment

DOB issued a violation notice to landlord for performing work without a permit. At a hearing, it was undisputed that there was a tenant living in an illegal basement apartment. But landlord claimed that tenant was uncooperative and delays in housing court due to COVID restrictions prevented landlord from evicting tenant and making required repairs. The ALJ ruled against landlord and fined him $2,500.

Landlord appealed and lost. Landlord presented no valid defense of impossibility. Landlord didn't show that he had no responsibility for the presence of the illegal occupant. It wasn't sufficient to show that landlord had started an eviction proceeding. And there was no showing as to how the illegal occupant came to live in the unit or how long he had been there.

DOB v. Shi: ECB App. No. 2101404 (12/16/21)[2-pg. document]