Landlord Fined $32,000 for Adding Three Illegal SRO Units to Two-Family House

DOB issued violation notices to landlord for doing work without a permit and altering a two-family dwelling into a five-family dwelling. DOB’s inspector found SRO units had been added to the cellar, second floor, and attic. Landlord claimed that the alterations pre-existed her purchase of the building in 1989. Landlord also claimed that additional family members occupied the upstairs SRO units and that no one lived in the cellar unit. It was used as a “hang out space” by her son. The ALJ didn’t believe landlord’s pre-existing condition defense and imposed a $1,000 per day penalty for 28 days. The total fine was $32,000. Landlord appealed and lost. DOB’s inspector testified at the hearing that the plumbing and piping in the cellar weren’t that old, and that the second-floor SRO unit remained locked because landlord’s ex-husband lived there. Landlord didn’t submit any documentation of her claim that the SRO units were there when she bought the building. The per-day penalties were also properly calculated.

Morales: ECB App. No. 1600660 (8/25/16)