What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 3 summons records for this property identifier. The charge mix is: Illegal Occupancy / Conversion; Egress / Exit Obstruction; Work Without a Permit. The hearing date is October 19, 2026; the source issue date(s) are August 26, 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.
Illegal Occupancy / Conversion — Summons 39123084J
CLASS - 2 · Issued August 26, 2024; hearing October 19, 2026. · Hearing status: PENDING
DOB allegation in the source extract: CALL BY FDNY AFTER ELECTRIC FIRE IN BUILDING. INSPECTION NOTED A THREE STORY SEMI ATTACHED LEGAL 3 FAMILY CONVERTED TO A 5 FAMILY WITH TWO CLASS "A" APARTMENTS CREATED IN CELLAR. OCCUPIED CELLAR UNITS HAD 5' 11
Cited provision(s): 2K6 — 28-210.1 RESIDENCE CONVERTED MAINTAINED OR OCCUPIED AS A DWELLING FOR MORE THAN
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
Egress / Exit Obstruction — Summons 39123085L
CLASS - 1 · Issued August 26, 2024; hearing October 19, 2026. · Hearing status: PENDING
DOB allegation in the source extract: NOTED ILLEGALLY INSTALLED 8 FOOT LOCKED ROLL DOWN GATE THAT OBSTRUCTS EGRESS FROM GROUND FLOOR UNIT AND PREVENTED FDNY FROM ACCESS REAR OF BUILDING DURING FIRE ON DAY OF INSPECTION. ILLEGAL GATE ENDANGERS OCCUP
Cited provision(s): 127 — 27-369,BC 1020.2 FAIL TO PROVIDE UNOBSTRUCTED EXIT PASSAGEWAY
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
Work Without a Permit — Summons 39123086N
CLASS - 1 · Issued August 26, 2024; hearing October 19, 2026. · Hearing status: PENDING
DOB allegation in the source extract: NOTED IN CELLAR 2 CLASS A APTS W/ INADEQUATE EGRESS, NEW PLUMBING, NEW ELECTRIC, AND CREATED PARTITIONS. WORK EXPOSED GAS LINES, HAD ELECTRIC BREAKERS UNCOVERED 3" INCHES FROM WATER SPIGOT, AND CEILINGS WERE 5'
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 3 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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