Landlord Trying to Evict Tenant of Illegal Basement Apartment

DOB issued a violation notice to landlord for permitting tenants to occupy illegal apartment in violation of the building's certificate of occupancy. Landlord claimed she was trying to evict illegal tenant. The ALJ ruled against landlord and fined her $800. Landlord appealed. Landlord had rented an apartment to tenant. Tenant used the basement and installed a bed and a television without landlord's permission. There were no bathroom or kitchen facilities in the basement. Given the facts and landlord's diligent attempt to evict tenant, even before the violation notice was issued, ECB ruled for landlord and revoked the fine.

Tomlinson: ECB App. No. 21108 (4/24/96) [2-page document]