Two Violations for Illegal Basement Apartment

DOB issued a violation notice to landlord for maintaining the alteration of the building basement to include an illegal apartment. The violation noted that this was a second offense. At a hearing on both violations, landlord claimed that the second violation was improper because it duplicated the first one. The ALJ ruled for landlord and dismissed the second violation. DOB appealed and won. The facts set forth in the second violation notice were different from the first one, and the outcome didn't depend on the outcome of the first violation. Landlord also claimed that it was impossible to cure the violation. But there was no proof of that. Landlord had waited more than a year after buying the building to commence any action to correct the condition.

28 Ave. Mgt. LLC: ECB App. No. 47687 (10/29/09) [3-pg. doc.]