Landlord Responsible for Preexisting Alteration

DOB issued a violation notice to landlord of a one-family house for having a separate dwelling unit in the cellar. Landlord claimed that this unit existed when he bought the building in 1999. The ALJ found that this was no defense and fined landlord $2,400. Landlord appealed and lost. Code Section 28-118.3.2 prohibits an increase to the number of dwelling units without a change in the building's Certificate of Occupancy. It didn't matter that landlord didn't create the illegal unit. He was still responsible for it.

Harris: ECB App. No. 1100158 (7/21/11) [2-pg. doc.]