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Old 06-27-2011, 08:47 PM
 
8 posts, read 27,249 times
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I resently got one DOB compliant for illegal conversion. So one DOB inspector came to my house to check and they found basement has 2 rooms with beds and issued me class 2 violation. When I bought the house, the c of o has recreation room, boiler 2 piece toilet room and storage in basement. In the yeallow paper, the inspector indicate as:
Building Department record c of o #xxx indicates cellar to be recreation room and storage. Cellar is now converted into bed rooms by erection full height partitions and installing locked doors. found 2 bed rooms furnished with beds, personal stuff and window AC unit. Since after I bought the house, I rent to the previous owner. They used basement with 1st floor together for long time. It has been always like that.
My question is how to correct this? remove everything in the bed room, remove the door lock, and remove the wall between two rooms? then call for another inspection? Is any way I can make basement to be legal use with 1st floor? It is a 2 family house.
Thank you
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Old 06-27-2011, 08:56 PM
 
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Its possible, but you probably should get an architect to give it a quick look to see if it's a basement or a cellar.
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Old 06-27-2011, 09:05 PM
 
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Thank you. If I don't want to re do the c of o, can I just remove the room partition and door lock and leave the room empty, then schedule aother inspection? can I do it by myself not hiring other people? anybody has this kind of experience, please share. thanks
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Old 06-27-2011, 09:11 PM
 
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Quote:
Originally Posted by md87 View Post
Thank you. If I don't want to re do the c of o, can I just remove the room partition and door lock and leave the room empty, then schedule aother inspection? can I do it by myself not hiring other people? anybody has this kind of experience, please share. thanks
Sounds like you can, actually. I presume you'll restore the bedrooms as soon as you get the reinspect.

Never, ever let an inspector in. You are under no legal obligation to do so until they produce a court order. Rarely done in these kind of small potatoe infractions.

Be careful though, caught a second time and they will nail your pecker to the wall. There is a box on the NOV for a second offense.
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Old 06-27-2011, 09:32 PM
 
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Do I have to remove the wall between 2 rooms? In my understanding, recreation room and storage does need walls, otherwise it's open space.
DOB is really sucks.
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Old 06-27-2011, 09:46 PM
 
979 posts, read 4,246,770 times
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Quote:
Originally Posted by md87 View Post
Do I have to remove the wall between 2 rooms? In my understanding, recreation room and storage does need walls, otherwise it's open space.
DOB is really sucks.
The key phrase is "full height partitions". Any wall that doesn't reach the ceiling is not a wall, (so to speak). If you're trying to avoid filing plans then you have to remove the wall. If you want the wall as is then you have to file plans with the DOB for a Type 2 Alteration.
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Old 06-27-2011, 10:01 PM
 
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The basement is more than 50% below ground. So can I still legalize the room partition?
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Old 06-27-2011, 10:04 PM
 
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yes
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Old 06-28-2011, 06:03 AM
 
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Default You have to go to court now...

...but the fine is only going to be about $1,000 based on what I've heard elsewhere.
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Old 06-28-2011, 07:21 AM
 
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Originally Posted by minervawalker View Post
...but the fine is only going to be about $1,000 based on what I've heard elsewhere.
OP has not indicated if he was issued a Notice of Violation and Order to Correct and Certify Correction. If so he can correct within a certain time, maybe 30 days or less, and send the proof in. No fine would be levied. If he waits for the hearing date he would be likely fined at that time (first offense, $1,000 per violation).
The problem with self certification on a low level violation is that it is likely the DOB will never show up to check the correction, but you never know.
A repeat violation will result in a 5K penalty with no chance to self correct, proceed directly to Court.

Here's a link that might be helpful regarding different classes of violations and resolutions:
http://www.nyc.gov/html/dob/download...violations.pdf

Last edited by modsquad81; 06-28-2011 at 07:35 AM..
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