Landlord Used Two-Family House for Illegal Tourist Hostel

DOB issued several violation notices to landlord based on the illegal conversion of a two-family dwelling into a transient hostel with multiple rooms and beds. Among other things, violations were issued for failure to provide a fire alarm system for transient use and failure to maintain safe egress for transient use. Landlord claimed that the building wasn't a transient hotel and stated that he lived in the building with tourists. Landlord requested pre-hearing questioning of DOB, but the ALJ found that this request was made too late. Landlord was fined $6,200.

Landlord appealed and lost. Landlord wasn't harmed by the ALJ's refusal to grant his discovery request. He acknowledged that the building was a two-famiily dwelling, was aware of a vacate order, and had notice of the laws involved. DOB proved the transient use of the building. Its inspector testified that he spoke with six tourists staying at the building for less than 30 days in the first-floor apartment. DOB also showed booking confirmations for some of the tourists and photographs showing bunk beds installed in rooms. And there was no proof that the tourists shared landlord's household. They occupied separate apartments with locked doors. 

Lilakos: ECB App. No. 1301027 (12/19/13) [7-pg. doc.]