Use of Attic as Bedroom Violated C of O

DOB issued a violation notice to landlord for occupancy contrary to the building's Certificate of Occupancy (C of O). The building was a legal two-family house. DOB's inspector found an additional dwelling space in the attic that included a bedroom with night stand, cabinet, clothes, and personal items. Landlord claimed that she didn't know that use of the attic as a bedroom was illegal. She discovered this when she sued to evict the second-floor tenant for nonpayment of rent, and was in the process of correcting the condition. The ALJ ruled against landlord and fined her $1,200. Landlord appealed and lost. The C of O permitted use of the attic only for storage. Landlord's lack of knowledge of this wasn't a defense to the violation. 

Gordon: ECB App. No. 1301329 (3/27/14) [3-pg. doc.]