Summons 39106283H — Occupancy / illegal conversion
Normalized lookup key: 039106283HWhat DOB alleges
DOB alleges that the property's observed use or dwelling configuration did not match the legal occupancy shown in the cited DOB record. The inspector's description specifically references cellar, kitchen and Class A residential occupancy.
Specific record details: cellar, kitchen, Class A residential occupancy.
Full violation description from the source extract
OCCUPANCY CONTRARY TO DEPARTMENT RECORDS, CLASS A APARTMENT CREATED IN CELLAR WITH FULL KITCHEN AND 3 PIECE BATH., DISCONTINUE ILLEGAL OCCUPANCY OR AMEND C OF O; COMPLY WITH CODE
- Issue date
- February 19, 2024
- Served date
- February 19, 2024
- Source violation type
- Construction
- Severity
- CLASS - 1
- Hearing status in source extract
- DEFAULT
- Certification status in source extract
- NO COMPLIANCE RECORDED
- 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 occupancy contrary to department records, class a apartment created in cellar with full kitchen and 3 piece bath., discontinue illegal occupancy or amend c of o.
What this violation means
This type of summons concerns use or occupancy that DOB says is inconsistent with the approved Certificate of Occupancy or other legal-use record. The central question is not just what rooms exist, but whether the present dwelling/use configuration is legally authorized.
What may be required to correct the condition
A practical correction review usually starts by comparing the current layout and use with the Certificate of Occupancy, approved plans, I-card/MDR or other historical records. Depending on what the records allow, the path may involve restoration to the approved use or a legalization filing if zoning, egress, fire-safety and building-code requirements can be met. The legal-use record should be obtained before deciding whether the present configuration can remain.
What the OATH hearing may involve
For the OATH matter, useful questions include what legal-use record DOB relied on, what the inspector actually observed, whether the cited space was occupied as alleged on the inspection date, and whether photographs, leases, plans or historical records support or contradict the stated occupancy.
Possible defenses or factual issues worth investigating
Review the legal-use/occupancy history, the exact location cited, prior permits and alteration applications, and whether the source record accurately describes the number and type of dwelling units or the use of the cited space. Legalization should not be assumed until zoning and code feasibility are 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
- Certificate of Occupancy or other legal-use record
- approved plans and alteration applications
- current photographs of the cited rooms/use
- leases or occupancy records if relevant
- prior permits, inspections and sign-offs