Transient Occupancy Without C of O Was Immediately Hazardous Violation

DOB issued three violation notices to landlord for: (a) occupancy in a manner contrary to that allowed by DOB records; (b) failure to install a fire alarm system; and (c) failure to maintain a building in a safe and code-compliant manner. DOB's inspector testified that rooms on the second and third floor of the building each were occupied by guests for less than 30 days without a host.  The guests stated that they booked rooms through Airbnb. The violations resulted from failure to comply with rules applicable to transient use occupancy. Landlord argued that the building was being converted to a transient hotel and that paperwork had been filed. The ALJ ruled for landlord and dismissed the violations.

DOB appealed and won. Occupancy without a required Certificate of Occupancy (C of O) was an immediately hazardous violation. It was undisputed that, on the date of the violations, the premises were occupied for transient residence purposes in violation of Admin. Code 28-118.3.2, and that no C of O authorizing transient use had been issued. Total penalties of $7,500 were imposed.

DOB v. 38 E. 23rd St. LLC: ECB App. No. 1901809 (1/23/20) [3-pg. doc.]