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: 2 Work Without a Permit summonses; Illegal Occupancy / Conversion; Certificate of Correction / Commissioner Order; Failure to Maintain. The hearing date is October 16, 2026; the source issue date(s) are August 19, 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.
Illegal Occupancy / Conversion — Summons 39157643M
CLASS - 2 · Issued August 19, 2025; hearing October 16, 2026. · Hearing status: PENDING
DOB allegation in the source extract: RESIDENCE CONVERTED. I OBSERVED AN ILLEGAL 1BDRM CLASS A CELLAR APARTMENT. NOTED ILLEGAL GAS STOVE, KITCHEN SINK, 3 PIECE BATHROOM, WATER AND WASTE LINES. C OF O #33790-62 STATES CELLAR ON GROUND: BOILER ROOM A
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
Work Without a Permit — Summons 39157647J
CLASS - 1 · Issued August 19, 2025; hearing October 16, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. I OBSERVED FULL HEIGHT PARTITIONS AND DOORS ERECTED IN THE CELLAR TO CREATE AN ILLEGAL 1BDRM CLASS A APARTMENT. C OF O #33790-62 STATES CELLAR ON GROUND: BOILER ROOM AND STORAGE. NO PERMI
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
Work Without a Permit — Summons 39157652Y
CLASS - 1 · Issued August 19, 2025; hearing October 16, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. I OBSERVED AN ILLEGAL GAS LINE AND GAS STOVE, KITCHEN SINK, 3 PIECE BATHROOM, WATER AND WASTE LINES ERECTED IN THE CELLAR. NO PERMIT ON FILE, OBTAIN PERMIT; SUBMIT THE CERTIFICATE OF CORR
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
Certificate of Correction / Commissioner Order — Summons 39157654H
CLASS - 1 · Issued August 19, 2025; hearing October 16, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. I OBSERVED ELECTRICAL OUTLETS, SWITCHES AND CEILING LIGHTS INSTALLED IN THE CELLAR. NO PERMIT ON FILE, OBTAIN PERMIT; OBTAIN ELECTRICAL PERMIT. SUBMIT THE CERTIFICATE OF CORRECTION FORM A
Cited provision(s): 101 — 28-105.1 WORK WITHOUT A PERMIT
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
Failure to Maintain — Summons 39157661X
CLASS - 1 · Issued August 19, 2025; hearing October 16, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN CODE COMPLIANT MANNER. I OBSERVED THE GARAGE DOOR WAS REMOVED AND REPLACED WITH A SOLID BRICK WALL AND THREE WINDOWS. C OF O #33790-62 STATES BASEMENT ON GROUND: 1 APT. (3ROOMS)
Cited provision(s): 102 — 28-301.1 FAILURE TO MAINTAIN BLDG IN CODE-COMPLIANT MANNER
How this type of condition is typically resolved
Failure-to-maintain charges are fact-specific. The owner should identify the exact building component or service equipment cited, repair the condition, and document the repair with evidence tied to the inspection location/date.
Hearing issues to verify
- Does the description accurately identify the component, location and condition?
- Was the condition already repaired or not present when the summons was issued?
- Was another party responsible for maintenance under facts that are legally relevant to the respondent's liability?
Evidence that may matter
- Dated before/after photographs
- Repair invoices and contractor statements
- Professional inspection/report when structural or technical conditions are involved
- Maintenance logs and prior inspection records
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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