Landlord Not Responsible for Tenant's Illegal Conversion of Apartment

DOB issued a violation notice to landlord because the second floor of her building was converted from two apartments to one apartment in violation of the building's certificate of occupancy. Landlord argued that tenant had illegally converted the apartments. Landlord had taken legal action to try to evict tenant and correct the condition. The ALJ ruled against landlord but reduced the fine to $350. Landlord appealed and won. Landlord had rented the two adjoining apartments to separate tenants in 1991 and 1992. Landlord didn't know the apartments had been joined until it brought a nonpayment proceeding some time later against one tenant. Landlord started legal proceedings to correct the situation before the violation notice was issued. The fine was revoked.

Hart: ECB App. No. 20246 (12/13/95) [2-page document]