What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 5 summons records for this property identifier. The charge mix is: 3 Work Without a Permit summonses; Illegal Occupancy / Conversion; Boiler / HVAC / Service Equipment. The hearing date is October 9, 2026; the source issue date(s) are October 21, 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 39128073R
CLASS - 1 · Issued October 21, 2024; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: RESIDENCE CONVERTED FROM A 2 TO 4 FAMILY NFP DWELLING. LEGAL 2 FAMILY 1ST & 2ND FLR DWELLING - CONVERTED & OCCUPIED CELLAR INTO 2 ADDL'T CLASS 'A' APTS WITH 3 PC BTHRM; KITCHEN WITH ELECTRIC STOVE, RESIDENTIAL
Cited provision(s): 1J3 — 28-210.1 RESIDENCE CONVERTED MAINTAINED OR OCCUPIED AS A DWELLING FOR MORE THAN; 172 — 28-202.1 ADDITIONAL DAILY PENALTY FOR CLASS 1 VIOLATION OF 28-210.1 OR 28-210.2
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
Work Without a Permit — Summons 39128074Z
CLASS - 1 · Issued October 21, 2024; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: W/O A PERMIT. NOTED: AT CELLAR FRONT - ELECTRICAL WIRING INSTALLED FOR ADDL'T LIGHTS & OUTLETS., OBTAIN PERMIT
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
Boiler / HVAC / Service Equipment — Summons 39128075K
CLASS - 1 · Issued October 21, 2024; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN CODE COMPLIANT MANNER. NOTED: AT TIME OF INSPECTION - BOILER RM OBSERVED ACCUMULATED WITH STORAGE OF COMBUSTIBLE MATERIAL, CONSISTING OF WOOD CABINETS & SHELF, SPRAY PAINT, PLAST
Cited provision(s): 102 — 28-301.1 FAILURE TO MAINTAIN BLDG IN CODE-COMPLIANT MANNER
How this type of condition is typically resolved
Service-equipment charges usually require repair, safe shutdown or replacement of the cited equipment, together with any required inspection, testing, annual filing or device-status update.
Hearing issues to verify
- Was the cited device in service at the time alleged?
- Was the equipment already repaired, disconnected or removed?
- Do required annual inspection / filing records show compliance for the relevant cycle?
Evidence that may matter
- Licensed contractor maintenance/repair records
- Inspection and testing results
- Device-status or annual filing records
- Utility/CO testing records and photographs where relevant
Work Without a Permit — Summons 39128076M
CLASS - 2 · Issued October 21, 2024; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: W/O A PERMIT. NOTED: AT CELLAR FRONT - FULL HEIGHT PARTITION WALLS ERECTED TO CREATE A BTHRM & LAUNDRY RM AREA; ALSO, TO SUB-DIVIDE LEVEL FRONT & REAR., OBTAIN ALL PERMITS
Cited provision(s): 201 — 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 39128077Y
CLASS - 1 · Issued October 21, 2024; hearing October 9, 2026. · Hearing status: PENDING
DOB allegation in the source extract: W/O A PERMIT. NOTED: AT CELLAR FRONT - WATER & WASTE LINES INSTALLED FOR A 3 PC BTHRM (TOILET, SINK, SHOWER); WASHER; RESIDENTIAL SINK AT KITCHEN AREA. GAS LINE INSTALLED FOR DRYER., OBTAIN PERMIT
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 5 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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