New Hearing Needed on Whether Building Is Illegal Transient Hotel

DOB issued three violation notices to landlord based on: (a) improper fire doors on upper building floors; (b) illegal occupancy of the building as a transient hotel; and (c) use of illegal egress door hardware. The ALJ ruled for landlord and dismissed the violations. The ALJ found that DOB failed to prove transient use of the building. DOB also didn't give landlord notice of the Class I designation of the illegal door hardware violation. DOB appealed and won, in part. The violation for illegal door hardware remained dismissed. But the other two violations were sent back for a new hearing. DOB claimed that the ALJ's order inaccurately reflected DOB's testimony. Since the audio record of the hearing didn't contain the contested testimony and it was unclear which side was accurate, a new hearing was needed to determine the facts. 

Branic International Realty Corp.: ECB App. No. 1300581 (9/26/13) [4-pg. doc.]