Landlord Fined Daily Penalties for Untimely Correction

DOB issued a violation notice to landlord for altering a two-family house into four apartments without a permit, in violation of the Certificate of Occupancy (C of O). Landlord was directed to correct the violation within 45 days. She hired an architect, who filed plans. But because the initial plans were disapproved, it took landlord more than 45 days to get a permit. The ALJ fined landlord $47,400. Landlord appealed and lost. She claimed that she lost time because of DOB's review process. Otherwise she would have corrected the violation in a timely manner. She also claimed she didn't have notice of the per-day penalties. But the violation notice advised landlord of the per-day penalties. Rules of the City of New York (RCNY) Section 102-01(g)(1) imposed penalties of $1,000 per day for uncorrected violations up to a maximum of 45 days. And the violation notice directed landlord to correct the conditions and file a certificate of correction within 45 days. Because landlord failed to do so, the per-day penalties were properly imposed.

Sakirsky: ECB App. No. 1100095 (4/28/11) [3-pg. doc.]