Separate Violations for Illegal Alteration and Illegal Occupancy

DOB's inspector found a studio apartment in a building cellar that violated the Certificate of Occupancy (C of O). DOB issued one violation notice to landlord for altering the building to add an extra, illegal dwelling unit; another violation was issued for altering the residence for occupancy as a dwelling from six to seven units, which was more than the legally approved number of families; and a third violation notice was issued for doing work without a permit. Landlord claimed that the violations duplicated each other and asked the ALJ to dismiss them. The ALJ ruled against landlord and fined it $4,650. Landlord appealed and lost. The three violations were distinct and separate, and each required different proof. One violation was proved by occupancy contrary to the C of O even in the absence of any alterations. Another violation required a finding that an improper alteration resulted in occupancy by more than the legally approved number of families.

2760 East 16th Street, LLC: ECB App. Nos. 46843, 46915, 46916 (10/29/09) [4-pg. doc.]