One-Family House Occupied by Five Unrelated Students

DOB issued a violation notice to landlord for changing the occupancy of a one-family house in violation of the Certificate of Occupancy (C of O). DOB's inspector found three bedrooms on the second floor of the house. But the first-floor living and dining rooms also had been converted to sleeping areas with five beds. Five male students from St. John's University were living there. The Building Code allows a one-family dwelling to be occupied by no more than three unrelated persons. Landlord claimed that there were only two tenants on the lease for the house and that the students were guests. The ALJ ruled against landlord and fined him $600. Landlord appealed and lost. The ALJ reasonably concluded that there was a C of O violation based on the inspector's observations. It didn't matter that the house was leased by landlord to only two people.

Levi: ECB App. No. 1000455 (9/30/10) [2-pg. doc.]