Unauthorized Apartment Installed Before Landlord Bought Building

DOB issued a violation notice to landlord for converting the building cellar into a Class "A" apartment with two bedrooms, eat-in kitchen, and three-piece bathroom. The inspector noted walls were put up and electric and plumbing lines installed without approvals or permits from DOB. The building's Certificate of Occupancy stated that the cellar was authorized for accessory use and a boiler only. Landlord claimed that the apartment was constructed before he bought the building in December 2003. The ALJ ruled against landlord and fined him $1,600.

Landlord appealed and won. Landlord submitted credible proof that the conditions existed before he bought the building. This was a defense to the violation. Landlord had submitted a sworn statement from a lender stating that he visited the building before closing and saw the cellar apartment. A building neighbor and landlord's friend also submitted sworn statements that the apartment was there before landlord bought the building. [Download decision here.]

Hamoud: ECB App. No. 1700817 (9/21/17) [3-pg. doc.]