Landlord Illegally Converted Two-Family Dwelling to Three-Family

DOB issued two violation notices to landlord for doing work without a permit and for altering a residence for occupancy by more than the legally approved number of families. The DOB inspector testified that water and waste lines had been installed on the first floor for a toilet, sink, and tub, as well as a kitchen sink. Partitions for an apartment also had been installed in the cellar. The two-family dwelling had been converted to a three-family dwelling. Landlord claimed the work existed when he bought the building. The ALJ ruled against landlord and fined him $2,800. The work-without-a-permit violation was found hazardous because it involved the installation of a gas line. Landlord appealed and lost. Landlord had owned the building since 1967 and presented no proof that the work was preexisting at that time. The installation of the gas line without a permit also was an immediately hazardous violation, so the penalty was proper.

Alvarez: ECB App. No. 1800478 (7/12/18) [4-pg. doc.]