Landlord Gets Two Violations, Six Months Apart, for Adding Apartment

DOB issued a violation to landlord for altering a residence for occupancy as a dwelling by more than the legally approved number of families. DOB's inspector noted that landlord converted a two-family dwelling to a three-family by creating an additional Class "A" apartment on the first floor. Landlord claimed that it had entered into a settlement agreement on a prior violation for the same condition and had 75 days to correct the condition. The ALJ found that this was no defense, since the new violation was issued before landlord signed the settlement agreement on the first violation. The ALJ fined landlord $1,200. Landlord appealed and lost. Landlord claimed that it was unfair to penalize him twice for the same violation within a short period of time. But the second violation, issued six months after the first one, was for violation of a different code section. The first violation was for occupancy in a manner contrary to that allowed by DOB records because the first floor was altered from ordinary use to an apartment. And ECB had no authority to review DOB's enforcement practice.

Amato: ECB App. No. 1700875 (10/5/17) [1-pg. doc.]