Residence Illegally Converted from Two-Family to Four-Family

DOB issued violation notices to landlord for illegally converting or maintaining a two-family residence into a four-family residence by altering the cellar and first floor to create two additional Class "A" apartments. The building's Certificate of Occupancy permitted dwelling units only on the second and third floors. Landlord claimed that the four apartments existed when he bought the building in 2006 and that he had obtained permits to restore the lower floors to their legal status. The ALJ ruled against landlord and imposed penalties of $1,000 per day because the violation remained uncorrected more than 45 days after it was issued. The total penalty imposed was $47,400. Landlord appealed and lost. Landlord claimed that he couldn't correct the violation until a tenant was removed from the building. But landlord didn't raise this defense before the ALJ and presented no proof of efforts to gain access or remove the tenant. In addition, landlord didn't get the DOB permits needed to do the corrective work until more than 45 days later.

Ng: ECB App. No. 1200935 (1/31/13) [2-pg. doc.]