Violation Corrected Within Three Days

DOB issued a violation notice to landlord for illegally altering a two-family house into a five-family residence by adding three apartments. Landlord admitted that he did this but said he removed one of the illegal apartments within three days of the notice and the other two within 10 days of the notice. Landlord submitted a copy of a Certificate of Correction, filed with and approved by DOB. The ALJ fined landlord a total of $2,450, which included per day penalties. Landlord appealed, disputing the amount. ECB ruled for landlord. Since one of the illegal units was removed after three days, instead of 10, landlord should be charged for only three days for one of the illegal units. The fine was reduced to $1,950.

141-02 45th Ave.: ECB App. No. 33020 (1/29/02) [3-pg. doc.]