What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 4 summons records for this property identifier. The charge mix is: 2 Certificate of Correction / Commissioner Order summonses; Work Without a Permit; Illegal Occupancy / Conversion. The hearing date is October 2, 2026; the source issue date(s) are April 15, 2025, February 13, 2024.
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.
Work Without a Permit — Summons 39105897H
CLASS - 1 · Issued February 13, 2024; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. NOTED ILLEGALLY OCCUPIED CLASS 'A' UNIT #4B CREATED ON 4TH FLOOR OF BUILDING WITH FULL HEIGHT PARTITIONS ERECTED TO CREATE (2) BEDROOMS, (2) BATHROOMS AND KITCHEN. ALL WORKS TO ILLEGALLY
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
Illegal Occupancy / Conversion — Summons 39105900J
CLASS - 1 · Issued February 13, 2024; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY THE CERT OF OCCUPANCY OR BUILDINGS DEPT RECORDS. NOTED ILLEGALLY OCCUPIED CLASS 'A' UNIT #4B CREATED ON 4TH FLOOR OF BUILDING WITH FULL HEIGHT PARTITIONS ERECTED TO CREATE
Cited provision(s): 103 — 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
Certificate of Correction / Commissioner Order — Summons 39144918J
CLASS - 1 · Issued April 15, 2025; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: NO CERTIFICATE OF CORRECTION ON FILE WITH DEPARTMENT OF BUILDINGS FOR CLASS 1 WORK WITHOUT A PERMIT VIOLATION 39105897H ISSUED ON 2/13/24. NO PERMITS HAVE BEEN OBTAINED FOR THIS WORK AS OF 4/15/25., COMPLY WITH
Cited provision(s): 187 — 28-201.1 UNLAWFUL ACTS. FAILURE TO COMPLY WITH AN ORDER OF THE COMMISSIONER
How this type of condition is typically resolved
This charge focuses on failure to complete or document the DOB correction process for an earlier summons. The practical task is usually to identify the underlying summons, confirm that its physical condition was actually corrected, and complete the current DOB Certificate of Correction requirements with the supporting proof and any applicable civil-penalty documentation.
Hearing issues to verify
- Was a Certificate of Correction already submitted or approved for the underlying summons before this charge was issued?
- Does DOB's record identify the same underlying summons number and correction deadline described in this citation?
- Was the physical condition actually corrected, and can that correction be tied to the cited condition rather than a different job or location?
Evidence that may matter
- DOB NOW / AEU Certificate of Correction submission or approval record
- Before-and-after photographs tied to the cited condition
- Permits, inspection results, contractor receipts or professional statements supporting the correction
- Proof of applicable DOB civil-penalty payment or waiver, if required
Certificate of Correction / Commissioner Order — Summons 39144920Z
CLASS - 2 · Issued April 15, 2025; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: NO CERTIFICATE OF CORRECTION ON FILE FOR CLASS 1 OCCUPANCY CONTRARY VIOLATION 39105900J ISSUED ON 2/13/24 FOR CLASS A APT CONSTRUCTED ON FLOOR WHERE C OF O 100718163 STATES SPACE OCCUPIED AS OFFICE SPACE., FILE
Cited provision(s): 263 — AC 28-204.4 FAIL TO COMPLY W/COMMISSIONER ORDER TO FILE CERT OF CORRECTION W/DOB
How this type of condition is typically resolved
This charge focuses on failure to complete or document the DOB correction process for an earlier summons. The practical task is usually to identify the underlying summons, confirm that its physical condition was actually corrected, and complete the current DOB Certificate of Correction requirements with the supporting proof and any applicable civil-penalty documentation.
Hearing issues to verify
- Was a Certificate of Correction already submitted or approved for the underlying summons before this charge was issued?
- Does DOB's record identify the same underlying summons number and correction deadline described in this citation?
- Was the physical condition actually corrected, and can that correction be tied to the cited condition rather than a different job or location?
Evidence that may matter
- DOB NOW / AEU Certificate of Correction submission or approval record
- Before-and-after photographs tied to the cited condition
- Permits, inspection results, contractor receipts or professional statements supporting the correction
- Proof of applicable DOB civil-penalty payment or waiver, if required
Case-specific next step
For this property, the first paid review should reconcile the 4 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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