Unlawful Conversion of Two-Family Dwelling to SROs

DOB issued two violation notices to landlord for unlawful conversion of a two-family dwelling to an SRO, and for installing deadbolt locks on bedroom doors. The DOB officer testified at a hearing that she found four rooms on the first floor and five on the second floor. Each room contained a separate refrigerator, microwave, food, television, and personal items. Each room had a deadbolt lock on the door. Tenants who were present told the DOB officer that they rented their rooms and weren't landlord's family members. Landlord claimed that he bought the building in 2007, lived on the first floor, and shared that apartment with relatives. He said they were more comfortable locking the doors to their rooms. DOB ruled against landlord and fined him $3,400. Landlord appealed and lost. Landlord claimed that DOB hadn't proved that the building was a two-family dwelling. But the building wasn't registered as a multiple dwelling with HPD, so the change in use or occupancy brought the building under Housing Maintenance Code Section 27-2097 and Multiple Dwelling Law Section 325. Both violations were immediately hazardous.

Eldahry: ECB App. No. 1400097 (4/24/14) [5-pg. doc.]