Landlord Illegally Converted Two-Family Dwelling to SROs

DOB issued violation notices to landlord for illegally converting a two-family house to seven SRO units. The ALJ denied landlord's request to postpone a hearing in order to get more evidence and found that the conversion was a hazardous condition warranting immediate correction. The ALJ fined landlord $49,800. Landlord appealed and lost. The ALJ properly denied landlord's request for a hearing postponement since it could put lives in danger, and landlord had previously obtained one adjournment. Landlord claimed that DOB had insufficient proof that the building was a two-family house. There was no Certificate of Occupancy (C of O), but DOB provided plumbing repair applications from 1956 and 1919 showing that the building was a two-family dwelling. An HPD printout also stated it was a two-family house. If the legal occupancy had changed since 1938, a C of O would be on file. DOB's inspector also testified credibly that he met residents living in SRO units. There were three units on the first floor, three on the second floor, and four on the third floor. The ALJ also properly calculated per-day fines.

Caiazzo: ECB App. No. 1100615 (8/22/11) [7-pg. doc.]