Partition Around Boiler Created Hazard

DOB issued violation notices to landlord for doing work without a permit and for using a cellar, legally approved for storage, as a Class "B" apartment with a bedroom and three-piece bathroom. There also was inadequate light and egress for this unit. Landlord claimed that there was only a bathroom in the cellar and that the rest was open space. She also said that this condition existed when she bought the building. The ALJ ruled against landlord and fined her $6,400. Landlord appealed and won in part. Partitions put up around the boiler and the bathroom, which DOB had deemed a bedroom, created an immediately hazardous condition. But the space was otherwise open and no apartment had been created. The fine was reduced to $4,000.

Zarska: ECB App. No. 1400969 (11/20/14) [4-pg. doc.]