Two-Family House Illegally Converted to Four Apartments

DOB issued a violation notice to landlord for illegally altering a two-family house into four separate apartments. DOB's inspector saw one apartment in the basement, two on the first floor, and one on the second floor. Landlord claimed that HPD I-cards showed that the building was a three-family house, and that the lower level was merely a finished basement, not a separate apartment. The ALJ ruled for landlord and dismissed the violation. DOB failed to prove that the building was a legal two-family house.

DOB appealed and won. There was no Certificate of Occupancy, and ECB generally doesn't recognize HPD registration summary records, by themselves, as proof of legal occupancy. DOB had submitted an electrical permit application where landlord described the building as a two-family. And HPD O+A cards submitted by landlord supported a finding that the building was a legal two-family. And the basement unit had a kitchen, bathroom, and bedroom. The sleeping quarters in this unit made it an illegal fourth apartment. The violation was reinstated and was found to be immediately hazardous. Landlord was fined $2,400.

Lahens: ECB App. No. 1500124 (3/26/15) [5-pg. doc.]