Landlord Fined $47,400 for Illegally Altering Two-Family Dwelling

December 16, 2015

LVT Number: #26671

DOB issued two violation notices to landlord for illegally altering a two-family dwelling by adding a Class “A” apartment on the first floor and at the cellar level. Landlord’s tenant testified that additional tenants never lived in the additional unit. He used the first-floor apartment as a family room, and installed an additional bathroom and kitchen in the cellar when he had children. DOB argued that the use of the illegal premises was irrelevant. The ALJ ruled against landlord and fined him $47,400, including per-day penalties. Landlord appealed and lost.

DOB issued two violation notices to landlord for illegally altering a two-family dwelling by adding a Class “A” apartment on the first floor and at the cellar level. Landlord’s tenant testified that additional tenants never lived in the additional unit. He used the first-floor apartment as a family room, and installed an additional bathroom and kitchen in the cellar when he had children. DOB argued that the use of the illegal premises was irrelevant. The ALJ ruled against landlord and fined him $47,400, including per-day penalties. Landlord appealed and lost. Landlord claimed that the per-day penalties should be stopped at the point her architect began the process of legalizing the building. But to stop the per-day penalties, landlord had to show removal or legalization of the cited conditions. 

 

 

 

Triantafillou: ECB App. No. 1501016 (11/19/15) [3-pg. doc.]

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