What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 7 summons records for this property identifier. The charge mix is: 2 Failure to Maintain summonses; 2 Work Without a Permit summonses; Illegal Occupancy / Conversion; Public Assembly; Egress / Exit Obstruction. The hearing date is October 1, 2026; the source issue date(s) are June 29, 2026.
Important: The discussion below identifies correction paths, hearing issues and evidence worth investigating from the summons data. It does not state that a defense will succeed. OATH decides liability from the evidence and law presented in the case.
Illegal Occupancy / Conversion — Summons 35729125H
CLASS - 2 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANY CONTRARY TO THAT ALLOWED BY THE DEPARTMENT OF BUILDINGS RECORSDS. ILLEGALLY CONVERTED ROOF TOP AREA TO EATING AND DRINKING ESTABLISHMENT IN CONNECTION TO INTERIOR EATING AND DRINKING ESTABLISHMENT. REM
Cited provision(s): 203 — 28-118.3.2 OCC CONTRARY TO THAT ALLOWED BY THE C OF O OR DOB RECORDS
How this type of condition is typically resolved
The key question is whether the observed occupancy or layout matches the lawful use of the premises. Resolution may require restoring the prior lawful layout/use or, when legally feasible, filing plans and obtaining approvals to legalize the condition.
Hearing issues to verify
- What use and number of dwelling/occupancy units are shown by the Certificate of Occupancy, Schedule of Occupancy or other lawful-use records?
- Did the inspector accurately identify how the space was being used on the cited date?
- Was the cited space actually occupied as alleged, or were the observed beds, kitchens, locks or partitions consistent with another lawful use?
- Is there an approved filing or historical record supporting the present use?
Evidence that may matter
- Certificate of Occupancy / Schedule of Occupancy and approved plans
- Historic occupancy records, permits and prior approved layouts
- Dated photographs and floor plans
- Leases, tenant records or sworn statements concerning actual use
- Permits/inspection records if the condition was legalized or restored
Public Assembly — Summons 35729126J
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OPERATION OF A PLACE OF ASSEMBLY WITHOUT A CURRENT CERTIFICATE OF OPERATIONS. NOTED: AT TIME OF INSPECTIONS 2ND FLOOR LEVEL HAS BEEN CONVERTED TO EATING AND DRINKING ESTABLISHMENT IN CONNECTION WITH ROOF TOP ES
Cited provision(s): 122 — 28-117.1 OPERATION OF PLACE OF ASSEMBLY WITHOUT A CURRENT C OF O
How this type of condition is typically resolved
Public-assembly charges can require confirming lawful occupancy and capacity, obtaining or renewing the applicable Place of Assembly Certificate of Operation / FDNY permit, and correcting egress or life-safety deficiencies.
Hearing issues to verify
- What occupancy/capacity was actually present on the cited date?
- Was a valid Place of Assembly approval or permit already in effect?
- Did the inspector cite a record defect or a physical life-safety condition?
Evidence that may matter
- PACO / FDNY public-assembly permit
- Certificate of Occupancy / floor plan
- Occupant-count or event records
- Egress/fire-protection inspection documentation
Egress / Exit Obstruction — Summons 35729127L
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN CODE-COMPLIANT MANNER.LACK OF REQUIREDNUMBER OF MEANS OF EGRESS FOR EVERY FLOOR AS PER BC 1018.1(2008 CODE), 27-366; BC 1021.1(2014 CODE); BC 1006.3(2022 CODE), FOR EATING AND
Cited provision(s): 189 — 28-301.1 FAILURE TO MAINTAIN BUILDING IN A CODE COMPLIANT MANNER. FAILURE TO PR
How this type of condition is typically resolved
Egress charges are generally corrected by removing the obstruction or restoring the required exit width/path and then documenting that the means of egress is clear and code compliant.
Hearing issues to verify
- Was the cited passageway actually required egress for the affected occupancy?
- Did the alleged obstruction exist when the inspector observed it?
- Was the condition immediately removed and can the timing be documented?
Evidence that may matter
- Dated photographs showing the exit path
- Approved floor/egress plans
- Building or security logs
- Statements or work records documenting removal of stored items/obstructions
Failure to Maintain — Summons 35729128N
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN CODE-COMPLIANT MANNER. FAILURE TO PROVIDE A SYSTEM OF AUTOMATIC SPRINKLERS WHERE IS REQUIRED AS PER BC 903.2AND 27-954, FOR ENCLOSED STRUCTURE ON ROOF TOP EATING AND DRINKING EST
Cited provision(s): 102 — 28-301.1 FAILURE TO MAINTAIN BLDG IN CODE-COMPLIANT MANNER
How this type of condition is typically resolved
Failure-to-maintain charges are fact-specific. The owner should identify the exact building component or service equipment cited, repair the condition, and document the repair with evidence tied to the inspection location/date.
Hearing issues to verify
- Does the description accurately identify the component, location and condition?
- Was the condition already repaired or not present when the summons was issued?
- Was another party responsible for maintenance under facts that are legally relevant to the respondent's liability?
Evidence that may matter
- Dated before/after photographs
- Repair invoices and contractor statements
- Professional inspection/report when structural or technical conditions are involved
- Maintenance logs and prior inspection records
Failure to Maintain — Summons 35729129P
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN CODE-COMPLIANT MANNER. NOTED AT ROOF LEVEL ON 2ND FLOOR ERECTED FULL HEIGHT PARTITION WALLS WITH COMBUSTIBLEMATERIALS NON FIRE-RATING SUCH AS WOOD PANELS, PLASTIC SEE THROUGH WIN
Cited provision(s): 102 — 28-301.1 FAILURE TO MAINTAIN BLDG IN CODE-COMPLIANT MANNER
How this type of condition is typically resolved
Failure-to-maintain charges are fact-specific. The owner should identify the exact building component or service equipment cited, repair the condition, and document the repair with evidence tied to the inspection location/date.
Hearing issues to verify
- Does the description accurately identify the component, location and condition?
- Was the condition already repaired or not present when the summons was issued?
- Was another party responsible for maintenance under facts that are legally relevant to the respondent's liability?
Evidence that may matter
- Dated before/after photographs
- Repair invoices and contractor statements
- Professional inspection/report when structural or technical conditions are involved
- Maintenance logs and prior inspection records
Work Without a Permit — Summons 35729130M
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. ILLEGAL WORK NOTED: AT ROOF LEVEL OF 2ND FLOOR , HAVING ERECTED FULL HEIGHT, PARTITIONS WALLS TO CREATE ENCLOSED EATING AND DRINKING ESTABLISHMENT. REMEDY: OBTAIN ALL PERMITS.
Cited provision(s): 101 — 28-105.1 WORK WITHOUT A PERMIT
How this type of condition is typically resolved
The correction path usually starts by determining whether the observed work required a permit and whether the condition can legally remain. If it can remain, legalization may require plans, a filing, permit, inspections and closeout; if it cannot or the owner does not want to legalize it, restoration to a lawful condition may be required.
Hearing issues to verify
- Did a valid permit already cover the exact work described by the inspector on the issue date?
- Was the cited activity actually permit-required work, or was it maintenance / exempt work under the applicable facts?
- Do the approved drawings, permit scope and inspection history match the condition the inspector described?
- If a Stop Work Order was issued, was the work stopped and was any later work performed only after the required authorization?
Evidence that may matter
- Permit and DOB NOW/BIS job records that predate the inspection
- Approved plans and amendments showing the cited work
- Dated photographs of the condition and construction stage
- Contracts, invoices and contractor statements establishing what work was actually performed
- Inspection / sign-off records if the work was subsequently legalized
Work Without a Permit — Summons 35729131Y
CLASS - 1 · Issued June 29, 2026; hearing October 1, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. ILLEGAL WORK NOTED AT ROOF TOP LEVEL OF 2ND FLOOR ENCLOSED STRUCTURE. HAVING INSTALLED ELECTRICAL WIRING FOR LIGHT FIXTURES, OUTLETS AND SWITCHES. REMEDY: OBTAIN ALL PERMITS.
Cited provision(s): 101 — 28-105.1 WORK WITHOUT A PERMIT
How this type of condition is typically resolved
The correction path usually starts by determining whether the observed work required a permit and whether the condition can legally remain. If it can remain, legalization may require plans, a filing, permit, inspections and closeout; if it cannot or the owner does not want to legalize it, restoration to a lawful condition may be required.
Hearing issues to verify
- Did a valid permit already cover the exact work described by the inspector on the issue date?
- Was the cited activity actually permit-required work, or was it maintenance / exempt work under the applicable facts?
- Do the approved drawings, permit scope and inspection history match the condition the inspector described?
- If a Stop Work Order was issued, was the work stopped and was any later work performed only after the required authorization?
Evidence that may matter
- Permit and DOB NOW/BIS job records that predate the inspection
- Approved plans and amendments showing the cited work
- Dated photographs of the condition and construction stage
- Contracts, invoices and contractor statements establishing what work was actually performed
- Inspection / sign-off records if the work was subsequently legalized
Case-specific next step
For this property, the first paid review should reconcile the 7 October summons records against the current OATH/DOB record, identify which alleged conditions remain open, and separate the hearing defense from the DOB correction / certification work. That prevents paying for correction work that does not address the actual charge—or appearing at OATH without the documents needed for the cited condition.
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