No Proof of Illegal Occupancy

DOB issued a violation notice to landlord for occupancy of a premises contrary to that permitted by the Certificate of Occupancy (C of O). DOB's inspector noted that the first floor of the building was changed to an apartment with a kitchen, bathroom, and partitions installed. The 1967 C of O listed the legal use of this floor as a two-car garage. Landlord claimed that the C of O was in error and showed the original building plans for an apartment and garage on the first floor. Landlord had submitted plans to DOB to correct this in 2010 when he bought the building. The ALJ ruled against landlord and fined him $1,200. Landlord appealed and won. The first floor was under construction and unoccupied on the date of the violation. So there was no illegal occupancy at that time.And DOB had approved landlord's alteration permit three months earlier.

Papaiacouou: ECB App. No. 1100962 (12/15/11) [3-pg. doc.]