Part of Apartment Illegally Converted to SRO Unit

DOB issued a violation notice to landlord for illegal conversion of a two-family residence to add an SRO unit. Landlord claimed that he lived on the first floor and that he rented the second floor to two people who shared that apartment. But the ALJ found a violation because the two bedrooms in the second-floor apartment each had a lock and key. DOB's inspector saw that one of the bedrooms was occupied by a woman who kept toiletries, personal effects, clothes, and a microwave oven there. The two occupants shared a common kitchen and bathroom. Landlord appealed and lost. The apartment wasn't a common household because both tenants didn't have access to all parts of the apartment. It didn't matter if landlord was unaware of the illegal SRO arrangement. Landlord was properly fined $3,050, including per-day penalties.

Persaud: ECB App. No. 47505 (5/7/09) [3-pg. doc.]