No C of O Violation for Combining Two Apartments

DOB issued a violation notice to landlord for altering a building without a valid Certificate of Occupancy (C of O). Landlord had changed the number of apartments in its building by combining two apartments into one, on each of the second and fifth floors. Landlord argued that the building was an old-law tenement and therefore no C of O was required for the alterations. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. The alteration didn't change the occupancy group of the building, affect a means of exiting, or increase the number of habitable rooms. So landlord wasn't required to obtain a valid C of O before making the alterations.

Owner of Premises 330 E. 53rd Street: ECB App. No. 39390 (6/28/07) [3-pg. doc.]