November 2026 NYC DOB / ECB / OATH public-record review

323 38 Street, Brooklyn, NY 11232 — November 2026 NYC OATH Hearing & Violation Information

The resolved public-record dataset associates 6 DOB/ECB OATH summonses with 323 38 Street, Brooklyn, NY 11232. The source records identify work not conforming to approved documents, dob/oath code-compliance issue, construction housekeeping / debris and a hearing date of November 2, 2026. The sections below keep the source allegations separate from explanatory analysis so an owner, buyer, realtor, attorney, lender, property manager or contractor can see what the record says, what still needs verification, and what a practical next review could involve.

Work not conforming to approved documentsDOB/OATH code-compliance issueConstruction housekeeping / debrisConstruction fence / site protection

Property and hearing summary

Actual property address: 323 38 Street, Brooklyn, NY 11232
Borough: Brooklyn
BIN: 3010392
BBL: 3007000058 (3/700/58)
Hearing month: November 2026
Violations on this page: 6
Verified hearing date(s) in source extract: November 2, 2026
Source extract: September 18, 2026

Source information: This page was compiled from NYC DOB/ECB/OATH public-record information contained in the November 2026 resolved-property dataset and the associated DOB/ECB source extract dated September 18, 2026. Agency records may change after the source data was obtained. Hearing dates, status, penalties, correction status and agency records should be verified with NYC OATH and DOB before relying on this page.

November 2026 hearing summary

ECB/OATH summons	Hearing date / time	Severity	Record category
39173109M Normalized: 039173109M	November 2, 2026 8:30 AM	CLASS - 1	Work not conforming to approved documents
39173275H Normalized: 039173275H	November 2, 2026 8:30 AM	CLASS - 1	DOB/OATH code-compliance issue
39173276J Normalized: 039173276J	November 2, 2026 8:30 AM	CLASS - 2	Construction housekeeping / debris
39173277L Normalized: 039173277L	November 2, 2026 8:30 AM	CLASS - 1	Construction housekeeping / debris
39173278N Normalized: 039173278N	November 2, 2026 8:30 AM	CLASS - 1	Construction fence / site protection
39173279P Normalized: 039173279P	November 2, 2026 8:30 AM	CLASS - 1	Fire-safety condition

How the summonses fit together at this property

This property has 6 separate summonses. Some can be coordinated as one property matter for research, correction planning and document gathering, but each summons remains tied to its own allegation and hearing information. The practical goal is to avoid solving only one piece of the property record while another summons or correction requirement remains open.

Violation-by-violation record and analysis

Each section first identifies what comes directly from the source extract, then separates general explanatory and strategic considerations that may require current-record research or professional review.

Violation 1

Summons 39173109M — Work not conforming to approved documents

Normalized lookup key: 039173109M

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges that field work did not conform to the approved construction documents.

Record context: source category Construction, severity CLASS - 1, issued January 8, 2026.

Full violation description from the source extract

ATOI OBSERVED 100% OF 2 STORY HOME DEMOED. ALL EXTERIOR WALLS HAVE BEEN REMOVED WORK DOES NOT CONFORM TO APPROVED CONSTRUCTION DOCUMENTS. ACTIVE PERMIT #B01221138 ,WHICH INDICATE EXTERIOR WALLS TO REMAIN., CONF

Issue date: January 8, 2026
Served date: January 8, 2026
Source violation type: Construction
Severity: CLASS - 1
Hearing status in source extract: PENDING

Infraction / law references in source extract:

182 — 28-105.12.2 WORK DOES NOT CONFORM TO APPROVED CONSTRUCTION DOCUMENTS AND/OR APPROV

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning atoi observed 100% of 2 story home demoed. all exterior walls have been removed work does not conform to approved construction documents. active permit #b01221138 ,which indicate exterior walls to remain., conf.

What this violation means

DOB is alleging that work in progress did not match the approved construction documents or amendments. Even permitted work can be cited if the field condition departs materially from the approved plan set.

What may be required to correct the condition

The field condition should be compared line-by-line with the approved plans. Depending on what is found, the project may need to be restored to the approved design or the plans may need to be amended and re-approved before the work continues or is signed off.

What the OATH hearing may involve

Hearing evidence can include the approved plan sheets in effect on the inspection date, revision history, photographs of the field condition, professional reports and proof that the discrepancy was corrected or formally amended.

Possible defenses or factual issues worth investigating

Identify the exact plan sheet/detail DOB says was violated, confirm which approved set controlled on the inspection date, and determine whether the field condition was temporary, incomplete, or actually inconsistent with the approval.

Documents and evidence that may be useful

DOB-approved construction documents and amendments
field photographs
architect/engineer field reports
permit and inspection history
revised approvals or restoration evidence

Violation 2

Summons 39173275H — DOB/OATH code-compliance issue

Normalized lookup key: 039173275H

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges a dob/oath code-compliance issue condition. The inspector's description specifically references basement, first floor and railing/guard condition.

Specific record details: basement, first floor, railing/guard condition.

Full violation description from the source extract

FAILURE TO INSTITUTE/MAINTAIN SAFETY EQUIPMENT MEASURES OR TEMPORARY CONSTRUCTION UNDER JOB # B01221138 . NO GUARD RAILS. ATOI OBSERVED NO GUARDRAIL SYSTEM LEADING FROM 1ST FLOOR TO BASEMENT. STAIRS WERE TORN D

Issue date: January 8, 2026
Served date: January 9, 2026
Source violation type: Construction
Severity: CLASS - 1
Hearing status in source extract: PENDING

Infraction / law references in source extract:

115 — BC 3301.2,27-1009(A) FAILURE TO INSTITUTE/MAINTAIN SAFETY EQUIPMENT MEASURES OR TEMPORARY

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning failure to institute/maintain safety equipment measures or temporary construction under job # b01221138 . no guard rails. atoi observed no guardrail system leading from 1st floor to basement. stairs were torn d.

What this violation means

This summons is a DOB/OATH code-compliance matter. The source description—not the category label alone—should control the factual review, because similarly classified summonses can involve very different physical conditions.

What may be required to correct the condition

Start by verifying the cited condition against the current site and DOB record, then identify the qualified contractor, licensed trade or registered design professional—if any—needed for correction, permits, inspection or closeout.

What the OATH hearing may involve

Hearing preparation should focus on the facts alleged, the condition on the inspection date, permit/approval history, responsibility for the cited area, and any reliable evidence of correction or contrary facts.

Possible defenses or factual issues worth investigating

Review the exact allegation, cited code section, location, permit/approval history and any later agency activity. Avoid assuming a defense or correction path before the current record is checked. 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 summons and current OATH status
dated photographs
relevant DOB permits/plans/violations
contracts, invoices or professional reports tied to the cited condition
proof of correction where available

Violation 3

Summons 39173276J — Construction housekeeping / debris

Normalized lookup key: 039173276J

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges a debris or site-housekeeping condition. The inspector's description specifically references debris/housekeeping.

Specific record details: debris/housekeeping.

Full violation description from the source extract

FAILURE TO SAFEGUARD THE PUBLIC AND PROPERTY AFFECTED BY CONSTRUCTION OPERATIONS UNDER ACTIVE JOB # B01221138 ATOI OBSERVED DEBRIS FALLING ONTO ADJACENT PROPERTY 321 38TH ST OBSERVED DEBRIS ON AWNING ALONG THEI

Issue date: January 8, 2026
Served date: January 9, 2026
Source violation type: Construction
Severity: CLASS - 2
Hearing status in source extract: PENDING

Infraction / law references in source extract:

209 — BC 3301.2,27-1009(A) FAIL TO SAFEGUARD PERS/PROPERTY AFFECTED BY CONSTRUCTION OP

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning failure to safeguard the public and property affected by construction operations under active job # b01221138 atoi observed debris falling onto adjacent property 321 38th st observed debris on awning along thei.

What this violation means

The summons concerns debris, rubbish or construction housekeeping that DOB says created a code or safety problem at the site.

What may be required to correct the condition

Remove the cited debris/obstruction, restore safe housekeeping and confirm that storage/disposal practices meet the applicable site-safety rules. If the debris is tied to active construction, contractor/site-safety procedures may need to be adjusted.

What the OATH hearing may involve

Photographs, site logs, hauling/disposal records and evidence showing when the condition was corrected can be useful, especially where the issue was temporary.

Possible defenses or factual issues worth investigating

Confirm the exact location, amount/type of material, whether it obstructed access or created another hazard, and how quickly it was removed.

Documents and evidence that may be useful

dated photographs
site-safety or housekeeping logs
hauling/disposal receipts
contractor records
proof of correction

Violation 4

Summons 39173277L — Construction housekeeping / debris

Normalized lookup key: 039173277L

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges a debris or site-housekeeping condition. The inspector's description specifically references debris/housekeeping.

Specific record details: debris/housekeeping.

Full violation description from the source extract

FAILURE TO MAINTAIN ADEQUATE HOUSEKEEPING PER SECTION REQUIREMENTS UNDER ACTIVE JOB # B01221138 . ATOI OBSERVED DEBRIS THROUGHOUT ENTIRE FIRST FLOOR, BACKYARD AND EXPO 1 LEADING INTO PROPERTY. SHINGLES, WOOD,ST

Issue date: January 8, 2026
Served date: January 9, 2026
Source violation type: Construction
Severity: CLASS - 1
Hearing status in source extract: PENDING

Infraction / law references in source extract:

181 — BC 3303.4 & 27-1018 FAILURE TO MAINTAIN ADEQUATE HOUSEKEEPING PER SECTION REQUIREMENTS

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning failure to maintain adequate housekeeping per section requirements under active job # b01221138 . atoi observed debris throughout entire first floor, backyard and expo 1 leading into property. shingles, wood,st.

What this violation means

The summons concerns debris, rubbish or construction housekeeping that DOB says created a code or safety problem at the site.

What may be required to correct the condition

What the OATH hearing may involve

Photographs, site logs, hauling/disposal records and evidence showing when the condition was corrected can be useful, especially where the issue was temporary.

Possible defenses or factual issues worth investigating

Confirm the exact location, amount/type of material, whether it obstructed access or created another hazard, and how quickly it was removed.

Documents and evidence that may be useful

dated photographs
site-safety or housekeeping logs
hauling/disposal receipts
contractor records
proof of correction

Violation 5

Summons 39173278N — Construction fence / site protection

Normalized lookup key: 039173278N

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges a defect or noncompliant condition involving the construction fence or site perimeter. The inspector's description specifically references construction fence.

Specific record details: construction fence.

Full violation description from the source extract

FAILURE TO SAFEGUARD THE PUBLIC AFFECTED BY CONSTRUCTION OPERATIONS. ATOI NO CONSTRUCTION FENCE AT EXPO 1 FOR ACTIVE JOB # B01221138., MAINTAIN ADEQUATE CONSTRUCTION HOUSEKEEPING

Issue date: January 8, 2026
Served date: January 9, 2026
Source violation type: Construction
Severity: CLASS - 1
Hearing status in source extract: PENDING

Infraction / law references in source extract:

181 — BC 3303.4 & 27-1018 FAILURE TO MAINTAIN ADEQUATE HOUSEKEEPING PER SECTION REQUIREMENTS

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning failure to safeguard the public affected by construction operations. atoi no construction fence at expo 1 for active job # b01221138., maintain adequate construction housekeeping.

What this violation means

The summons concerns a construction or job-site fence that DOB says was missing, damaged, improperly configured, encroaching, or otherwise noncompliant.

What may be required to correct the condition

The fence should be brought into conformity with the applicable approved site-protection plan and code requirements. Depending on the condition, this may involve replacing panels, correcting alignment/height, restoring viewing panels, securing the fence or clearing pedestrian encroachment.

What the OATH hearing may involve

Relevant evidence includes site photographs, approved site-protection drawings, permit information, inspection logs and records showing when the fence was repaired.

Possible defenses or factual issues worth investigating

Confirm the exact exposure/location, the approved fence configuration, whether the cited defect existed at the time, and whether a later repair or changed site condition is documented.

Documents and evidence that may be useful

site-protection/construction-fence drawings
dated photographs
site-safety inspection logs
contractor repair records
reinspection records

Violation 6

Summons 39173279P — Fire-safety condition

Normalized lookup key: 039173279P

OATH hearingNovember 2, 20268:30 AM

Source-record facts

What DOB alleges

DOB alleges a fire-safety or fire-hazard condition. The inspector's description specifically references first floor and combustible materials.

Specific record details: first floor, combustible materials.

Full violation description from the source extract

UNSAFE STORAGE OF COMBUSTIBLE MATERIAL AND EQUIPMENT UNDER ACTIVE PERMIT # B01221138 ATOI OBSERVED 3 ACETYLENE TANKS FREE STANDING AT EXPO 1,1ST FLOOR., MAINTAIN STORAGE IN COMPLIANCE WITH FIRE CODE

Issue date: January 8, 2026
Served date: January 9, 2026
Source violation type: Construction
Severity: CLASS - 1
Hearing status in source extract: PENDING

Infraction / law references in source extract:

183 — BC 3303.4.6 & 27-1018 UNSAFE STORAGE OF COMBUSTIBLE MATERIAL AND EQUIPMENT

General explanation / matters to verify

Record-specific focus: Before choosing a correction or hearing strategy, verify the source allegation concerning unsafe storage of combustible material and equipment under active permit # b01221138 atoi observed 3 acetylene tanks free standing at expo 1,1st floor., maintain storage in compliance with fire code.

What this violation means

DOB is alleging a fire-safety or fire-hazard condition, such as combustible storage, a required fire-protection component, or another condition that could affect fire spread or safe operation of the building.

What may be required to correct the condition

The cited fire-hazard condition should be removed or corrected promptly. If the condition involves a building system or rated construction rather than simple housekeeping, the applicable approved plans, fire-protection requirements and licensed-professional/trade work should be reviewed.

What the OATH hearing may involve

Hearing evidence may include photographs from the inspection date, proof of removal/repair, fire-protection plans or system records, and documentation showing who controlled the cited area.

Possible defenses or factual issues worth investigating

Verify the specific hazard, location, whether it was present as described, whether it was transient storage or a permanent condition, and whether any building-system repair or permit was required.

Documents and evidence that may be useful

dated photographs
fire-protection/system records where relevant
repair/removal invoices
approved plans if rated construction or equipment is involved
proof of correction

Property-specific resolution support

How Building Violation LLC may help at 323 38 Street, Brooklyn, NY 11232

For 323 38 Street, Brooklyn, NY 11232, the current source extract points to work not conforming to approved documents, dob/oath code-compliance issue, construction housekeeping / debris. Because this property has multiple summonses, the practical advantage is coordinating record research, hearing preparation and correction work as one property matter while still tracking each summons separately. Building Violation LLC can scope the relevant record research, OATH hearing preparation/representation, permit or legal-use review, licensed-trade or registered-professional coordination, correction documentation and Certificate of Correction/closeout work where those steps actually apply. Detailed technical research and project work begin only after the applicable scope, authorization and payment are established.

Violation and property-record research OATH / ECB hearing preparation and representation

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Official government starting points

Verify the current OATH / DOB record

The source extract is a point-in-time record. Hearing dates, hearing status, penalties, correction status, permits and later agency filings can change. Use the official NYC systems below before making a decision or appearing at a hearing.

Verify OATH summons informationSearch by summons number, address or name in the official OATH Summons Finder.
Check DOB property records in BISReview DOB property profile, OATH/ECB violations, complaints, applications and other BIS records.
Review NYC DOB guidance for resolving a summons or violationOfficial DOB overview of OATH summons and DOB violation resolution.
Review Certificate of Correction guidanceOfficial DOB Certificate of Correction information and current process guidance.

General information / not legal advice: The explanatory and procedural information on this page is general information and does not constitute legal advice. Property-specific defenses, filing requirements and correction strategies should be verified based on the current agency record and the circumstances of the matter.

Browse all resolved November 2026 property hearing pages