SRO Building Illegally Converted to Transient Occupancy

DOB issued a violation notice to landlord for violating a building's Certificate of Occupancy (C of O). The SRO building was illegally occupied, primarily for transient occupancy. DOB's inspector found 70 transient and 23 permanent tenants. At a hearing, landlord argued that DOB's proof was insufficient. The inspector didn't appear because he was no longer employed by DOB. And landlord claimed that his statement on the violation notice was vague and ambiguous. The ALJ ruled against landlord and fined it $6,000. Landlord appealed and lost. The inspector's sworn statement that he found 70 SRO units used for transient occupancy was sufficient to sustain the violation, and it wasn't necessary for him to appear at the hearing. Landlord provided no information at the hearing to rebut the inspector's findings.

Terrilee 97th Street LLC: ECB App. No.1100230 (4/28/11) [3-pg. doc.]