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C of O (Mult Dwelling)/DOB Violation for "Illegal Busin

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C of O (Mult Dwelling)/DOB Violation for "Illegal Busin

Postby Sharon » Fri Feb 13, 2009 1:35 pm

I have had a Park Slope physical therapy office on the parlor floor for 8 yrs. (4 apt/brownstone bldg.) I have two separate leases and I live in the garden floor apt. below. I have had a war with a neighbor for over a year, where he has called every city agency with complaints of every kind, with 27 subsequent inspector visits. No violations EXCEPT now with the DOB. I have had at least 10 notices posted previously, but was told by a DOB supervisor to ignore them. (He also complained irately about how the city spends a LOT of inspector time following up on neighbor dispute complaints that are of a "frivolous" nature.) The supervisor assured me that nothing would happen and advised me to ignore them. Indeed, nothing happened - until now. (The notices were always some variation of complaints about zoning and illegal business, with some inspectors saying that there was "No illegal business." and closing of the case.) The last notice however is a violation and states that I have a business that is not in compliance with the C of O which is "Multiple Dwelling." There is a cure date and hearing date. My question is: What are the rules that determine "illegal business?" I am one door away from another medical office whose set up is the same (there is no C of O for that bldg.) My block has been known as "Doctors Row" and there are a bunch of brownstone, medical offices. I am in compliance from what I can tell with my sign. I thought that I was allowed to have a .... home business? I can enter the office from inside the bldg. The door making it a duplex previously was nailed shut, but there are stairs in my downstairs apt., a landing, and a door which goes out to the hall where I can go into my office. I have about 10 people per week coming to my office. I did not alter any egresses, plumbing, electricity, or do construction. Compliance requires "Make safe...." Please help.

Ammended 2/20/09: The violation was issued to the landlord. But he will just have me close my office rather than fight and/or pay the fines, so it is in my lap to find out everything that I can ............
Last edited by Sharon on Sat Feb 21, 2009 6:05 pm, edited 2 times in total.
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Postby TenantNet » Fri Feb 13, 2009 2:55 pm

The violation should have been issued to the landlord. The legality does depend on the zoning and the Cert. of Occupancy.
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Postby hermes77 » Fri Oct 23, 2009 4:41 pm

Hmmm seems to me that the landlord should be liable for the costs to you, including lost income, and the cost of relocating the business. Possibly others. I'd check with an attorney.
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