Landlord Fined $49,000 for Illegal Alteration of Two-Family Dwelling

DOB issued violation notices to landlord for work without a permit and illegal alteration of a two-family dwelling to one for four families. Landlord claimed that he was in the process of removing the violating conditions. The ALJ ruled against landlord and fined him $49,000. Landlord appealed and lost. Landlord claimed that some of the work done was a pre-existing condition. Landlord also claimed that he got inadequate notice of DOB’s per-day penalties. But ECB found there was insufficient proof of any pre-existing condition, and landlord received adequate notice of the per-day penalties. While DOB didn’t check the box marked “daily penalty” on the notice, the inspector wrote “28-202.1” in the “Provision of Law” section, and the back side of the violation notice contained a penalty range table that included a list of per-day penalties. 

Zias: ECB App. No. 1600657 (8/25/16) [4-pg. doc.]