Landlord Fined for Pre-existing Conversion of Two-Family to Three-Family Dwelling

DOB issued violation notices to landlord for illegally converting a two-family residence to a three-family, in violation of the building's 1974 certificate of occupancy (C of O). The DOB inspector stated that a Class A apartment was added to the first floor. The C of O stated that the permitted use of the first floor was for a recreation room, storage, laundry, and one-car garage. The C of O also stated that, "occupancy by more than two families is unlawful and renders the owner liable to prosecution."

Landlord argued that he bought the building "as is" in 1984 with an existing occupied apartment on the first floor. He had paid real estate taxes for the three units for many years and had always believed the first floor unit was legal. The ALJ ruled against landlord and fined him $2,500.

Landlord appealed and lost. Landlord's maintenance of the unlawful conversion wasn't excusable. And a rider to the 1983 contract of sale to landlord stated that the building was a legal, two-family dwelling. So landlord had notice that the third apartment was unlawful.

DOB v. Damille: ECB App. No. 1901871 (3/5/20) [2-pg. doc.]