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    Owner fined for not removing unused illegal unit


    Department Of Buildings  •  Violation  •  Queens
    11/15/2004   •    Leave a Comment

    Vacant illegal unit added by a previous owner. Buildings charged Jose Hernandez for maintaining an illegally converted third unit in a two-family dwelling. The cellar of Hernandez’s building was converted prior to his ownership into a separate living unit – including a bedroom, bathroom and kitchen area with a gas line – in violation of the Administrative Code. At the hearing, Hernandez acknowledged the existence of the third unit, but argued that the unit pre-existed his ownership and, since the unit was vacant and used only for storage, no use violation occurred. Rejecting both arguments, the ALJ fined Hernandez $800 for the illegal conversion and $50 per day for 45 days or until the condition was mitigated.

    On appeal, the Environmental Control Board affirmed, ruling that a violation occurred whether or not anyone was living in the unit because the cellar was designed as a separate unit. The Board found that the Code made it a violation to not only add the illegal unit, but to keep it.

    NYC v. Hernandez, ECB Appeal No. 41213, June 29, 2004. CITYADMIN

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    Tags : Jose Hernandez, NYC v. Hernandez
    Category : Department Of Buildings

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