Landlord Responsible for Prior Landlord's Illegal Conversion

March 31, 2011

LVT Number: #23292

DOB issued a violation notice to landlord for unlawful conversion of a dwelling for occupancy by more than the legally authorized number of families. DOB's inspector said that landlord added a Class A apartment with a three-piece bathroom, kitchen area, and a bedroom to the cellar. Landlord claimed that the cellar apartment was there when he bought the building and that there was now no working kitchen there. The ALJ ruled against landlord and fined him $1,800. Landlord appealed and lost.

DOB issued a violation notice to landlord for unlawful conversion of a dwelling for occupancy by more than the legally authorized number of families. DOB's inspector said that landlord added a Class A apartment with a three-piece bathroom, kitchen area, and a bedroom to the cellar. Landlord claimed that the cellar apartment was there when he bought the building and that there was now no working kitchen there. The ALJ ruled against landlord and fined him $1,800. Landlord appealed and lost. It didn't matter whether the illegal conversion took place before landlord owned the building, because Code Section 28-210.1 prohibits the maintenance of an illegal conversion.

Dunbar: ECB App. No. 1000794 (3/24/11) [4-pg. doc.]

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