Landlord Using Rear Yard for Parking

LVT Number: 11200

DOB issued a violation notice to landlord for illegally using the rear yard for storage and parking. The notice instructed landlord to either discontinue the use or get a valid C of O. Landlord claimed that no C of O was required for the building, and no other law or regulation barred storage and parking in the rear yard. The ALJ ruled for landlord and ECB appealed. ECB claimed that the yard wasn't a legal parking area like a garage or driveway. But ECB could point to no law prohibiting parking in a yard area.

DOB issued a violation notice to landlord for illegally using the rear yard for storage and parking. The notice instructed landlord to either discontinue the use or get a valid C of O. Landlord claimed that no C of O was required for the building, and no other law or regulation barred storage and parking in the rear yard. The ALJ ruled for landlord and ECB appealed. ECB claimed that the yard wasn't a legal parking area like a garage or driveway. But ECB could point to no law prohibiting parking in a yard area. And since landlord's building was constructed before 1938, it required no C of O. So there could be no finding that landlord used his property contrary to the last issued C of O.

Williams: ECB App. No. 21253 (6/26/96) [3-page document]

Downloads

21253.pdf166.3 KB