Illegal Occupancy / Conversion — Summons 39100729X
DOB allegation in the source extract: AT TIME OF INSPECTION FRONT ROOM #1 (EXPO#1) HAS BED AND DEAD BOLT WITH ONE OCCUPANT. DWELLING CONVERTED WITH 4 MORE ADDITIONAL UNITS THAN LEGALLY AUTHORIZED BY C OF O., RESTORE TO PRIOR LEGAL CONDITION
Cited provision(s): 1E8 — 28-210.1 CONVERT/MAINTAIN/OCCUPY MULT DWELLING W/3 OR MORE UNITS THAN APPROVED
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