Summons 39202990R — Vacate order compliance
Normalized lookup key: 039202990RWhat DOB alleges
DOB alleges that a Vacate Order was not obeyed at the cited premises or area. The inspector's description specifically references cellar, Class A residential occupancy and Vacate Order.
Specific record details: cellar, Class A residential occupancy, Vacate Order. The description also references Vacate Order OP-64-25-02630.
Full violation description from the source extract
OCCUPANCY CONTRARY. I OBSERVED AN ILLEGAL 2BDRM CLASS A CELLAR APARTMENT. CONTRARY TO N.B. "B" PLAN NO. 2460 FILED SEP 4, 1924. PARTIAL VACATE ORDER OP-64-25-02630 ISSUED, DISCONTINUE ILLEGAL OCCUPANCY OR AMEND
- Issue date
- August 5, 2026
- Served date
- September 3, 2026
- Source violation type
- Construction
- Severity
- CLASS - 1
- Hearing status in source extract
- PENDING
- 103 — 28-118.3.2 OCC CONTRARY TO THAT ALLOWED BY THE C OF O OR DOB RECORDS
Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning observed AN ILLEGAL 2BDRM CLASS A CELLAR APARTMENT. CONTRARY TO N.B. "B" PLAN NO. 2460 FILED SEP 4, 1924. PARTIAL VACATE ORDER OP-64-25-02630 ISSUED, DISCONTINUE ILLEGAL OCCUPANCY OR AMEND.
What this violation means
DOB is alleging noncompliance with a Vacate Order—typically that a space subject to an order was occupied or used contrary to the restriction. Vacate-order issues are safety-sensitive and should be verified against the exact order.
What may be required to correct the condition
The current Vacate Order, the area it covers, and the conditions required for rescission should be reviewed before occupancy resumes. Correction may involve building work, permits, professional reports, inspections and a formal DOB process to lift or modify the order.
What the OATH hearing may involve
At OATH, the exact order, its effective date and scope, the inspector's observation of occupancy/use, and any evidence that the order had been rescinded or did not cover the cited area may matter.
Possible defenses or factual issues worth investigating
Confirm the order number, premises/area covered, whether it was still effective on the inspection date, and what DOB required for rescission. If occupancy is disputed, gather contemporaneous evidence rather than relying on assumptions. Cross-reference the other order/summons number cited in the inspector narrative rather than reviewing this record in isolation. Because the description identifies several physical components or locations, photographs and records should be matched to those specific details rather than submitted as general property evidence.
Documents and evidence that may be useful
- the Vacate Order and any amendments/rescission notice
- DOB inspection or reinspection records
- photographs and access/occupancy evidence
- permits, plans and professional reports used to correct the unsafe condition
- communications or filings seeking rescission