No Illegal Addition of Dwelling Unit Found

DOB issued a violation notice to landlord for altering a residence for occupancy by more than the legally approved number of families. Landlord pointed out at a hearing that the violation further stated it was based on the inspector's observation of a commercial space at the rear yard of the building. The ALJ ruled against landlord and fined him $3,050. Landlord appealed and won. The notice stated that landlord violated City Administrative Code Section 27-118.1 concerning the addition of illegal residential space. But the inspector described an illegal commercial space. The cited code section doesn't apply to commercial units. So the violation must be dismissed and money refunded to landlord.

Adamses: ECB App. No. 42839 (3/27/08) [1-pg. doc.]