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: 2 Illegal Occupancy / Conversion summonses. The hearing dates are October 1, 2026, October 5, 2026; the source issue date(s) are March 25, 2025, May 23, 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 35486012H
CLASS - 2 · Issued May 23, 2025; hearing October 1, 2026. · Hearing status: ADMIT/IN-VIO
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY COFO AND/OR THE DEPARTMENT OF BUILDINGS RECORDS.FLOORS BREACHED WITH STORY LEADING TO 1ST STORY CREATING AN ILLEGAL DUPLEX APT AT CELLAR ROOMS CREATED USED FOR SLEEPING 2 R
Cited provision(s): 203 — 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
Illegal Occupancy / Conversion — Summons 35485981M
CLASS - 2 · Issued March 25, 2025; hearing October 5, 2026. · Hearing status: ADMIT/IN-VIO
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY COF AND/OR THE DEPARTMENT OF BUILDINGS RECORDS.ILLEGAL FLOOR PUT WITH STAIRS ERECTED LEADING TO CELLARCREATING AN ILLEGAL DUPLEX INCONJUNCTION WITH THE APT PARTITION ERECTE
Cited provision(s): 203 — 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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