Landlord Fined for Transient Occupancy in Class "A" Multiple Dwelling

DOB issued three violation notices to landlord based on using a permanent dwelling for transient resident purposes, failure to maintain a building in a safe and code-compliant manner, and failure to provide a fire alarm system. DOB claimed that one apartment was occupied by four guests for less than 30 days. DOB also said the building lacked the required number of means of egress for every floor, and that there was no fire alarm required for transient use. The ALJ dismissed the violations, finding insufficient proof.

DOB appealed and won, in part. ECB found that DOB's proof was sufficient to make out two of the violations. The inspector spoke with a guest at the apartment, which established the transient use. And landlord offered nothing to refute the claim. And based on landlord's proof of correction before the hearing date, mitigated penalties were warranted. But DOB didn't show that landlord failed to provide the required number of means of egress from every floor. The number of means of egress from every floor was based on the occupancy load of the floor, not the transient use of the floor. The four guests in one apartment didn't change the occupancy load. So that violation remained dismissed. Landlord was fined $1,875.

DOB v. 228 Manhattan LLC: ECB App. No. 2000249 (6/18/20) [3-pg. doc.]