Landlord Fined for Converting Apartment into Massage Parlor

DOB issued two violation notices to landlord for illegally converting a three-family dwelling into a two-family and using the first-floor apartment as a “commercial physical culture establishment,” i.e. a massage parlor. Landlord argued that use of the first-floor unit for commercial purposes was legal. The ALJ ruled against landlord and fined her $2,800. Landlord appealed, claiming that the first-floor unit was used for commercial purposes when she bought the building and denying for the first time that the first floor was used as a massage parlor. ECB ruled against landlord. It didn’t matter that there was a pre-existing commercial use. The massage parlor use was illegal in a residential district. And landlord didn’t deny the charge before the ALJ. [Download the original decision here.]

Bagriyanik: ECB App. No. 1500379 (6/25/15) [4-pg. doc.]