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: Vacate Order; Illegal Occupancy / Conversion. The hearing date is October 29, 2026; the source issue date(s) are May 22, 2025, May 9, 2025.
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.
Vacate Order — Summons 39148754K
CLASS - 1 · Issued May 22, 2025; hearing October 29, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: OCCUPANCY CONTRARY. A PARTIAL VACATE ORDER ISSUED FOR AN ILLEGAL BEDROOM AND 3 PIECE BATHROOM INSTALLED IN THE CELLAR. CONTRARY TO C OF O #36993-63 WHICH STATES CELLAR ON GROUND; BOILER & STORAGE. THE BEDROOM H
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
Vacate-order matters require confirming the exact areas and occupants covered by the order, correcting the conditions that caused the order, completing any required permits/inspections, and obtaining formal agency authorization before reoccupancy.
Hearing issues to verify
- Does the summons identify the correct premises/area and the same vacate order reflected in agency records?
- Was the area occupied on the cited date, and by whom?
- Had the agency already rescinded or modified the vacate order before the alleged occupancy?
Evidence that may matter
- Vacate Order and rescission/modification documents
- DOB/HPD records showing status and affected areas
- Photographs, access logs, leases or occupancy records
- Professional reports / inspection results documenting correction
Illegal Occupancy / Conversion — Summons 35483214M
CLASS - 1 · Issued May 9, 2025; hearing October 29, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: OCCUPANCY IN CONTRARY TO THAT ALLOWED BY C/O AND/OR DEPARTMENT OF BUILDING RECORDS.ILLEGALLY CREATED CLASS A APARTMENT AT CELLAR WITH FULL BATHROOM AND NO KITCHEN.VACATE WARRANTED NO 2ND MEANS OF EGRESS.REM:DIS
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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