Landlord Fined $29,000 for Illegal Conversion

DOB issued two violation notices to landlord. The first was for work without a permit and the second for illegally altering the building to create four or more residential units. DOB's inspector found an apartment in the cellar, two SRO units on the first floor, four SROs on the second floor, and four SROs on the third floor. The building's Certificate of Occupancy permitted a two-family dwelling, with a boiler and storage only in the cellar. Landlord admitted that her niece lived in the cellar but otherwise denied that any tenants lived upstairs. The ALJ fined landlord $29,000, including maximum daily penalties, since there was no proof that the illegal conditions were removed.
Landlord appealed and lost. Landlord claimed that the ALJ held portions of the hearing without a Chinese interpreter for her, failed to advise her of her right to counsel, and that she had defenses to the violations. The record showed that landlord received a fair hearing, and understood and spoke English well enough to waive her right to counsel. At the hearing, landlord admitted she did work without a permit by admitting that she installed a bathroom in the cellar and attached the existing gas line to a new stove. Landlord also admitted that the cellar and upstairs units were occupied as residences.

Shing: ECB App. No. 0900582 (12/16/10) [4-pg. doc.]