Landlord Fined Over $47,000 for Adding Illegal SRO Units

DOB issued two violation notices to landlord based on altering a residence for occupancy as a dwelling for more than the legally approved number of families. Landlord claimed that the building was a legal three-family dwelling. But, at a hearing, DOB showed that the Certificate of Occupancy was for a two-family dwelling. DOB's inspector testified that the first floor had been converted to three SROs and one Class A apartment. The second floor had been converted to two SROs and a class A apartment. Each SRO unit had a key locking device on the door, as well as food, bed, clothing, and personal effects. These units shared a kitchen and bathroom. The ALJ ruled against landlord and fined him $2,400 plus $45,000 in daily penalties. Landlord appealed and lost. Landlord argued that per-day penalties should be imposed for only six days because he removed the locks from the SRO unit doors. But the ALJ properly imposed daily penalties for 45 days. Partial correction didn't toll the daily penalties.

143-42 Sanford Avenue: ECB App. No. 1300477 (7/25/13) [3-pg. doc.]