Super Illegally Occupied Gas Meter Room

DOB issued a violation notice to landlord for illegal occupancy of a cellar gas meter room. DOB's inspector saw the room set up as a recreation room with a sleeping sofa, dining room, TV, stereo, computer, and refrigerator. HPD I-cards showed that the legal occupancy of the building was 36 apartments on six floors, plus a cellar. Landlord claimed that the super's apartment in the cellar across from the gas meter room was one of the legal 36 apartments. Landlord said that the super's furnishings had been removed from the gas meter room. The ALJ ruled against landlord, finding that the I-cards permitted no apartments in the cellar. The ALJ fined landlord $2,400. Landlord appealed and lost. The violation didn't concern the super's apartment. But, at the time of inspection, the cellar gas meter room was used for recreation and sleeping. Since this was a Class I violation, correction of the condition didn't eliminate or reduce the penalty.

Pemto Realty Corp.: ECB App. No. 1200093 (5/31/12) [3-pg. doc.]