Landlord Fined for Illegal Conversion of Garage to Apartment Before He Bought Building

DOB issued a violation notice to landlord for unlawful conversion of a one-car garage to a Class "A" apartment with kitchen and full bathroom. Landlord claimed that the apartment was already there and occupied when he bought the building. Landlord brought an eviction proceeding against tenant in April 2019, which was scheduled for a hearing on Aug. 8. Landlord argued that tenant refused to move out previously and refused to settle once the eviction proceeding was commenced. The ALJ accepted landlord's documentation but found that landlord didn't show it was impossible to gain physical access to the illegal apartment until after the summons was issued. The ALJ fined landlord $1,250. Landlord appealed and lost. Landlord took no action to remove tenant until after the violation was issued in March 2019. So, it was not impossible for landlord to correct the violation before the violation was issued.

DOB v. M&J Realty LLC: ECB App. No. 1901291 (10/10/19) [1-pg. doc.]