Two-Family Residence Illegally Converted to Four Apartments

DOB issued a violation notice to landlord for maintaining an illegally altered two-family residence as four class "A" apartments. DOB's inspector found one apartment in the cellar, another on the first floor, and two on the second floor. Landlord claimed that she bought the building shortly after the violation was issued on June 28, 2011. She didn't receive a copy of it until Aug. 20, 2011, and, by that time, had cured the violation. The ALJ ruled against landlord and fined her $47,400, including per-day penalties. The deed wasn't recorded until Aug. 8, 2011, so the ALJ found no problem with issuing the violation to new landlord on Aug. 20. Landlord appealed and lost. Landlord testified before the ALJ that the violation was corrected by July 7, 2011, but submitted no documentary proof to the ALJ. There was insufficient proof to toll the per-day penalties.

Tam: ECB App. No. 1101256 (4/26/12) [5-pg. doc.]