One-Family Dwelling Illegally Altered to Two-Family

DOB issued a violation notice to landlord for illegally altering a one-family dwelling into a two-family dwelling, in violation of the building's Certificate of Occupancy (C of O). DOB's inspector observed that a Class A apartment had been added in the cellar. A vacate order also was issued. Landlord showed that the building was legally approved as a two-family dwelling with apartments on the first and second floors, a boiler room in the cellar, and a one-car garage. Landlord didn't deny that there was an apartment in the cellar. DOB asked the ALJ for permission to amend the violation notice to state that the cellar apartment violated the building's C of O. The ALJ ruled for DOB and fined landlord $1,200. Landlord appealed, claiming that the ALJ incorrectly allowed DOB to amend the violation. ECB ruled against landlord. New York City Rules allowed the amendment of a violation notice if it aided the determination of a controversy on the merits and if no injustice or unfair surprise resulted. The original notice apprised landlord that the cellar apartment was illegal. There was no surprise, and the ALJ's decision was fair.

Dantzler: ECB App. No. 1101230 (2/16/12) [3-pg. doc.]