Landlord Fined $8,750 for Renting Apartment for Transient Occupancy

DOB issued four violations to landlord for occupancy contrary to that allowed by DOB records, failure to maintain the premises in a code-compliant manner, and failure to provide fire alarms. DOB's inspector reported that landlord had converted the two-family dwelling to include a basement apartment for transient use with short-term guests booked through Airbnb. And there was no sprinkler or fire alarm system, as required for transient occupancy. There also was no means of egress for every floor, including the basement floor. The ALJ ruled for landlord and dismissed the violations, finding that landlord lived on the second floor of the building, had three guests staying on the first floor when the violations were issued, and that DOB failed to offered any agency records showing that landlord's use of the premises was inconsistent with the last issued Certificate of Occupancy.

DOB appealed and won. DOB showed that there was a change in occupancy of the building inconsistent with the last issued C of O for a two-family house. The transient occupancy of the lower unit was inconsistent with the C of O. The Building Code provisions concerning fire safety also applied. Landlord was fined $8,750.

DOB v. Gillingham: ECB App. No. 2000549 (7/16/20) [3-pg. doc.]