Landlord Proves Lot Was Vacant Before Demolition

DOB issued a violation notice to landlord for demolishing a building without a permit and putting up a new, five-story building. Landlord claimed that the lot was vacant when he bought it in 1980 and that he obtained a proper building permit for the new structure. The ALJ ruled against landlord and fined it $800, finding that DOB's violation notice contradicted landlord's testimony. Landlord appealed and won. Landlord presented documents, including a corrected deed and a 1980 property survey showing the area as a vacant lot. Landlord's testimony also was believable. The violation was dismissed.

Birnbaum Enterprises: ECB App. No. 47367 (12/18/08) [3-pg. doc.]