Landlord Fined for Not Acknowledging Rent-Regulated Tenants on Permit Application

DOB issued a violation notice to landlord for failing to report on a demolition permit application that its building contained occupied apartments and apartments occupied by rent-controlled or rent-stabilized tenants. This violated Admin. Code Section 28.211.1. Landlord argued that, since DOB's inspector didn't observe tenants in the building, DOB couldn't issue the violation claiming a false permit application. But DHCR records showed there were rent-regulated tenants as of 2018 and landlord offered no proof that the building was no longer occupied. The ALJ fined landlord $5,000. Landlord appealed and lost. ECB found that the DOB properly issued its violation, which landlord didn't rebut.

DOB v. Buchler: ECB App. No. 1900695 (6/6/19) [3-pg. doc.]