Landlord Fined $6,000 for Adding Illegal Cellar Apartments

DOB issued a violation notice to landlord for creating two illegal Class A apartments in the cellar of a house without a permit. Landlord claimed that the violation notice wasn't properly served. She had to vacate the house and board it up after a fire that occurred before the violation was issued. She also claimed that, under the circumstances, it was impossible to correct the conditions in a timely manner. The ALJ ruled against landlord and fined her $6,000.

Landlord appealed and lost. DOB properly posted the violation on the front door of the boarded up building and then mailed a copy to landlord at her only known address. It didn't matter that landlord no longer lived at the building. Landlord also couldn't claim impossibility since she didn't show that she was physically and legally barred from gaining access to the building to carry out the required correction. Landlord's apparent financial hardship, based on apparent delay in receiving insurance proceeds, didn't matter.

Quinones: ECB App. No. 1800189 (4/26/18) [3-pg. doc.]