Violation Dismissed Where New Landlord Correcting Illegal Conversion

DOB issued a violation notice to landlord for altering a residence for occupancy by more than the legally approved number of families. DOB's inspector stated that he saw two Class "A" apartments in the building basement. Landlord admitted that the four-story building was authorized for occupancy as an eight-unit Class "A" multiple dwelling, but that the current condition was pre-existing when the building was bought. The ALJ ruled for landlord and dismissed the violation. DOB appealed and lost. DOB claimed that eight apartments were permitted, but that none were permitted in the basement. ECB found that, although the two basement apartments were illegal, landlord didn't "permit the maintenance" of the illegal conversion. The condition was pre-existing and landlord took action, including commencement of eviction proceedings against the basement tenants, at least two months before the violation was issued.

Jefferson St. Realty 21 Corp.: ECB App. No. 1300681 (9/26/13) [3-pg. doc.]