What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 2 summons records for this property identifier. The charge mix is: Certificate of Correction / Commissioner Order; Illegal Occupancy / Conversion. The hearing dates are October 22, 2026, October 9, 2026; the source issue date(s) are February 25, 2026, June 18, 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.
Certificate of Correction / Commissioner Order — Summons 39178285Y
CLASS - 2 · Issued February 25, 2026; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO CERTIFY CORRECTIONS FOR VIOLATION NUMBER 39117256X, FILE A CERTIFICATE OF CORRECTION
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
Illegal Occupancy / Conversion — Summons 39117256X
CLASS - 1 · Issued June 18, 2024; hearing October 22, 2026. · Hearing status: PENDING
DOB allegation in the source extract: CONTRARY TO C-OF-O #63051 WHICH INDICATES 3 BASEMENT APTS. AT TIME OF INSPECTION BASMT WAS OBSERVED CREATED & OCCUPIED WITH (4) CLASS 'A' APTS. ALSO, BSMT SOUTH AT WEST STORAGE RM OBSERVED CREATED AND OCCUPIED
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
Case-specific next step
For this property, the first paid review should reconcile the 2 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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