Partial Use of Multiple Dwelling as Transient Hotel Violated C of O

February 10, 2017

LVT Number: #27483

ECB ruled that landlord’s use of the building violated its certificate of occupancy, zoning rules, and the building code. Landlord filed an Article 78 appeal, claiming that ECB’s decision was unreasonable. The court ruled for landlord in part. Landlord’s use of the multiple dwelling building in part as a transient hotel violated the building’s C of O and the applicable residential zoning resolution. But ECB failed to show that there was a building code violation requiring exit doors leading to stairs above the lobby to swing in the direction of egress.

ECB ruled that landlord’s use of the building violated its certificate of occupancy, zoning rules, and the building code. Landlord filed an Article 78 appeal, claiming that ECB’s decision was unreasonable. The court ruled for landlord in part. Landlord’s use of the multiple dwelling building in part as a transient hotel violated the building’s C of O and the applicable residential zoning resolution. But ECB failed to show that there was a building code violation requiring exit doors leading to stairs above the lobby to swing in the direction of egress. The $5,200 fine imposed against landlord was reduced to $3,200.

 

 

 

 

Terrilee 97th Street LLC v. NYC ECB: 2017 NY Slip Op 00594, 2017 WL 401352 (App. Div. 1 Dept.; 1/31/17; Mazzarelli, JP, Manzanet-Daniels, Feinman, Webber, Gesmer, JJ)

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