Landlord Fined for Tenant's Conversion to Three SRO Units

DOB issued a violation notice to landlord for illegally altering a two-family house into SRO units. DOB's inspector found three tenants sharing a kitchen and a bathroom on the second floor, and four tenants sharing a kitchen and a bathroom on the first floor. The violation cited per-day penalties for five illegal units. One of landlord's tenants admitted at a hearing that she sublet the second-floor apartments to three subtenants without landlord's knowledge and that one subtenant put up a wall without landlord's knowledge. Tenant had by then removed the wall. Tenant also said that she lived on the first floor with two men. Landlord testified that she commenced eviction proceedings as soon as she learned of the illegal occupancy of the second floor. The ALJ ruled against landlord and fined her $12,050.
Landlord appealed and lost. Landlord's lack of knowledge of tenant's illegal conversion wasn't a defense to the violation. Landlord is responsible at all times for the safe maintenance of the building. And legal action taken after, not before, the violation notice was issued didn't excuse the violation. However, the ALJ imposed an incorrect amount of per-day penalties. The total fine was reduced to $7,800.

Owner of 15 Chester Place: ECB App. No. 47871 (5/7/09) [4-pg. doc.]