Landlord Rented Locked Room for Transient Occupancy

DOB issued a violation notice to landlord for converting a one-family dwelling into a "bed and breakfast" for transient use. DOB's inspector observed three bedrooms with locked doors on the second floor of the house with a shared three-piece bathroom. At the time of inspection, the inspector interviewed an Australian occupant who stated that he was staying at the building for one week. The building also was advertised online as a "B&B." Landlord argued that he shared the building with up to two boarders and that this didn't violate the Multiple Dwelling Law (MDL) or the Housing Maintenance Code (HMC). The ALJ ruled against landlord, found that the building was transiently occupied in violation of Code Section 28-118.3.2, and fined landlord $2,400. Landlord appealed and lost. While landlord may have been living in the building, he wasn't sharing his household with the tourist occupant seen by DOB. The tourist was living in a separate apartment from landlord, having rented a locked bedroom with its own private bathroom. Since the tourist wasn't sharing the household with a permanent occupant, landlord was in violation of the law.

Seidel: ECB App. No. 1401066 (12/18/14) [5-pg. doc.]