Landlord Fined $8,750 for Unauthorized Construction and Fire Code Violations

DOB issued five violation notices to landlord for failure to maintain a building in a safe and code-compliant manner. DOB's inspector found unpermitted work in the building's basement, including erected partitions to create two bedrooms, installed water and waste lines for a three-piece bathroom, gas line, and kitchen sink. Other violations were issued for transient use of the basement, first and second floors, and no fire alarm system for transient use. After a hearing, the ALJ fined landlord $8,750.

Landlord appealed and lost. Landlord challenged the Class 1 designation of certain violations and claimed others duplicated criminal complaints brought by FDNY. The violations concerning construction of an apartment in the basement were properly designated as a Class 1 violation. There was sufficient proof presented, and landlord didn't contest that the work was done. The remaining violations concerning the absence of fire safety measures didn't duplicate FDNY complaints. The criminal complaints against landlord cited a different law and concerned evacuation hazards and lack of an approved fire alarm system. 

DOB v. S&S Realty of LI: ECB App. No. 2001157 (12/10/20) [4-pg. doc.]