Landlord Not Responsible for Preexisting Laundry Room

DOB issued a violation notice to landlord for installing a laundry room in the building basement without a permit. Landlord's managing agent testified that he had worked in the building since 1977 and that the laundry room was there at all times, next to his office. The managing agent continued to work at the building when landlord bought it in 1993. The building's Certificate of Occupancy permitted "service rooms" on the ground floor. Landlord's architect stated that service rooms were accessory use areas that could include a laundry room. The building's 1977 contract of sale also referred to the laundry room. The ALJ ruled against landlord and fined him $800.

Landlord appealed and won. His architect had stated that the laundry room was probably designed when the building was built, and three tenants had submitted sworn statements supporting the claim that it was a preexisting condition. ECB revoked the fine. Landlord wasn't responsible for the construction of the laundry room without a permit.

Shar Mar Realty LLC: ECB App. No. 1500179 (3/26/15) [3-pg. doc.]