Landlord Illegally Altered Two-Family House

DOB issued a violation notice to landlord for altering a residence as a dwelling for occupancy by more than the legally approved number of families. DOB's inspector noted that the legal two-family dwelling had been converted into a six-family dwelling by adding a Class "A" apartment on the first floor, another Class "A" apartment in the cellar, and two SRO units in the cellar. Landlord claimed that the first and cellar floors together comprised one dwelling unit because all separating doors and locks had been removed. Landlord also claimed that he had filed an alteration application to legalize the first-floor apartment, although no permits had yet been issued. The ALJ ruled against landlord and fined him $47,400, which included daily penalties. Landlord appealed and lost. ECB found that partial correction of the violation didn't stop the daily penalties from accruing, and that the violation wasn't corrected within 45 days.

Liu: ECB App. No. 1400008 (3/27/14) [3-pg. doc.]