Landlord Violated Vacate Order by Letting Sandy Relief Contractor Use Space

DOB issued a violation notice to landlord for failing to comply with a prior vacate order issued in connection with the illegal conversion of a building cellar into two apartments with insufficient egress and unauthorized gas lines. On the date of the violation, the cellar space was occupied as an office by an electrical contractor. Landlord claimed that the electrical contractor occupied the space free of charge during Hurricane Sandy damage repair under the New York City Rapid Repair program. Landlord said that the residential tenants had been removed immediately after the vacate order was issued. DOB had granted a partial rescission of the vacate order to allow the contractor to use the cellar. The ALJ ruled against landlord and fined it $2,400.

Landlord appealed and lost. Landlord claimed that there was no violation because no one was living in the cellar apartments, and the contractor's use didn't violate the vacate order. DOB argued that the vacate order hadn't yet been rescinded as of the date of the violation.

ECB ruled against landlord. The vacate order was based on conditions unsafe for "use or occupancy." The vacate order stated that it remained in effect until either the conditions were corrected or the vacate order was rescinded. It didn't matter whether the cellar was occupied as an office or residence, and it was occupied before the vacate order was rescinded.

3048 Brighton LLC: ECB App. No. 1200763 (9/26/13) [3-pg. doc.]