Landlord Operated Apartment Building as Transient Hotel

DOB issued a violation notice to landlord for having an occupancy contrary to that allowed by DOB records. DOB's inspector noted that landlord had combined 2690 Broadway with 2688 Broadway and that it was occupied as a transient hotel. Landlord claimed that there was no violation. The building didn't have a Certificate of Occupancy. But HPD I-cards and Schedule "A" forms attached to two Alt-1 applications showed that 2690 Broadway was authorized as a Class A permanent residence apartment house. At the time DOB issued the violation notice, its inspector observed a guest registry at the front desk and visited 15 units in the two buildings. Guests he interviewed said that they had stayed anywhere between a few days and a few weeks. The ALJ ruled against landlord and fined him $2,900.

Landlord appealed and lost. Landlord argued that DOB failed to prove transient use of the building. Landlord claimed for the first time on appeal that there was no front desk at 2690 Broadway because the first floor was occupied by a Starbucks restaurant and that there was no door from there providing access to the upper floors of the building. But DOB's inspector testified credibly and presented documentary evidence that the building was classified as a Class A apartment building and improperly occupied as a transient hotel. 

Branic International Realty Corp.: ECB App. No. 1400348 (6/26/14) [4-pg. doc.]