Landlord Fined $6,250 for Adding Illegal Apartment

DOB issued three violation notices to landlord for: (a) failure to maintain a building in a safe and compliant manner; (b) alteration of a residence as a dwelling for more than the legally approved number of families; and (c) work without a permit. DOB's inspector stated that he observed illegal locking devices on three doors at the cellar level and two doors at the first floor. He also said that the two-family dwelling had a cellar converted into a Class "A" apartment with a kitchen area containing a toaster oven and microwave, three-piece bathroom, and sleeping quarters. He also noted full-height partitions erected in the cellar to create three rooms with doors and locking devices, a bathroom, bedroom, water and waste lines, residential sink, washing machine, and gas line installed for a dryer. Landlord claimed that the conditions existed when she bought the building in 2014.

The ALJ ruled against landlord and fined her $6,250. Landlord appealed and lost. Landlord failed to prove that the cited work was preexisting. The real estate broker's letter that landlord submitted didn't specify where certain items were found in the building. And correction of the violating conditions after issuance of the violation notices didn't relieve landlord of liability.

DOB v. Cammarata: ECB App. No. 2000177 (2/20/20) [2-pg. doc.]