Landlord Rented Illegal Basement Apartment

DOB issued a violation notice to landlord for failing to comply with an order to correct a violation. The original violation was for illegal alteration of a basement space into an apartment behind a commercial space. Landlord claimed that it leased the commercial space to tenant in 2008 as an art workshop, but that tenant converted the space to a dwelling unit without landlord's consent. Landlord was trying to evict tenant, but the case had been delayed in court and was pending when the new violation was issued. The ALJ ruled for landlord and dismissed the violation. DOB appealed and won. ECB agreed with DOB that landlord failed to prove that it was impossible to correct the violation before tenant was evicted. Landlord didn't show that it made any attempts to gain access or correct illegal conditions.

Forsyth Street: ECB App. No. 1000835 (3/24/11) [4-pg. doc.]