Use of Ground-Floor Units for Storage Not Commercial Use

DOB issued five violation notices to landlord for illegal use of various condominium units in a residential district. DOB reported that each of the first-floor units in the building were used for commercial storage facilities in violation of the city's zoning resolution. Landlord argued that use of the units for storage was a legal accessory use provided to the condo owners, who paid $45 per month for personal storage. DOB claimed that the Certificate of Occupancy permitted use of these units only as medical offices. The ALJ ruled against landlord and fined it $4,000. Landlord appealed and won. The mere presence of storage facilities at the building didn't establish a commercial use that was contrary to residential zoning, even if tenants paid a monthly fee.

Astoria Plaza Associates: ECB App. No. 1400453 (7/31/14) [4-pg. doc.]