Violation Issued for Installation of Laundry Room Dismissed

DOB issued a violation notice to landlord for creating and operating a laundry room with four washers and four dryers in a cellar gas meter room. Landlord argued that the laundry room was an allowable accessory use permitted by the building's Certificate of Occupancy (C of O). The ALJ ruled against landlord, finding that the C of O didn't list an occupancy group or zoning use group and landlord didn't prove that the new use fell within the same occupancy group and zoning use group. Landlord appealed and won. The laundry room met the criteria for an accessory use to a multiple dwelling. And a laundry room is ancillary to the main residential occupancy of the building, and doesn't change the occupancy or zoning use group.

DOB v. 248 McKibben Realty LLC: ECB App. No. 1800253 (5/17/18) [1-pg. doc.]