Maximum Daily Penalties Imposed for Illegal Building Alteration

DOB issued two violation notices to landlord, one for the illegal alteration of a two-family dwelling to a four-family, and the other for the imposition of daily penalties in connection with the illegal alteration. Landlord objected, but the ALJ ruled against landlord and fined him $47,400. Landlord appealed and lost. The ALJ properly imposed daily penalties under Code Section 28-202.1 for the maximum 45 days. The illegal alteration of a one- or two-family dwelling for occupancy by four or more families is a Class 1 violation of Code Section 28-210.1 and requires daily penalties, whether or not the building also contains a legal non-residential use. Landlord also made no claim that the cited conditions were corrected.

Tsikis: ECB App. No. 1200104 (6/27/13) [1-pg. doc.]