Landlord Illegally Added Attic Apartment

DOB issued two violation notices to landlord for work without a permit and for alteration of a residence as a dwelling for occupancy by more than the legally approved number of families. DOB’s inspector stated that he saw in the attic water and waste lines for a residential sink and a gas line for a stove, all installed without a permit. He also observed a full Class “A” apartment created in the attic. Landlord claimed pre-existing condition, but the ALJ ruled against landlord and fined him $2,800. Landlord appealed and won, in part. Landlord still failed to prove that the installed water and waste lines for the residential sink in the attic were pre-existing conditions. However, this work didn’t constitute an immediately hazardous condition. So the total fine was reduced to $1,200.

Liu: ECB App. No. 1600219 (4/28/16) [4-pg. doc.]