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 Illegal Occupancy / Conversion summonses; Egress / Exit Obstruction; Failure to Maintain; Other Building / Code Compliance. The hearing date is October 14, 2026; the source issue date(s) are August 5, 2026.
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 35729368M
CLASS - 1 · Issued August 5, 2026; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY DEPARTMENT OF BUILDINGS RECORDS.ILLEGAL OCCUPANCY NOTED: AT APT 2A, 2ND FLOOR AND APT 4A, 4TH FLOOR. HAS BEEN CONVERTED TO TRANSIENT USE WITH 5 GUESTS(APT 2A) AND 2 GUESTS(
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
Egress / Exit Obstruction — Summons 35729369Y
CLASS - 1 · Issued August 5, 2026; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN A CODE-COMPLIANT MANNER. LACK OF REQUIRED NUMBER OF MEANS OF EGRESS FOR EVERY FLOOR AS PER BC 1008.1(2008 CODE); 27-366; BC 1021.1(2014 CODE); BC 1006.3(2022 CODE) FOR TRANSIENT
Cited provision(s): 189 — 28-301.1 FAILURE TO MAINTAIN BUILDING IN A CODE COMPLIANT MANNER. FAILURE TO PR
How this type of condition is typically resolved
Egress charges are generally corrected by removing the obstruction or restoring the required exit width/path and then documenting that the means of egress is clear and code compliant.
Hearing issues to verify
- Was the cited passageway actually required egress for the affected occupancy?
- Did the alleged obstruction exist when the inspector observed it?
- Was the condition immediately removed and can the timing be documented?
Evidence that may matter
- Dated photographs showing the exit path
- Approved floor/egress plans
- Building or security logs
- Statements or work records documenting removal of stored items/obstructions
Failure to Maintain — Summons 35729370L
CLASS - 1 · Issued August 5, 2026; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: BC 907.2.8. FAILURE TO MAINTAIN BUILDING IN A CODE-COMPLIANT MANNER. FAILURE TO PROVIDE CLASS 'J' FIRE ALARM SYSTEM FOR TRANSIENT USE AT APT2A, 2ND FLOOR AND APT 4A, 4TH FLOOR. REMEDY: DISCONTINUE ILLEGAL OCCUP
Cited provision(s): 106 — 27-/28-/BC-MISC MISCELLANEOUS VIOLATIONS
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
Illegal Occupancy / Conversion — Summons 35729371N
CLASS - 1 · Issued August 5, 2026; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: ALTERED/CHANGED BUILDING OCCUPIED WITHOUT A VALID CERTIFICATE OF OCCUPANCY AS PER 28-118.3.1-28-118.3.2. NOTED: PREMISES HAS BEEN CONVERTED/OCCUPIED FROM 2 FAMILY TO 6 FAMILY DWELLING UNDER JOB #321970907 AND N
Cited provision(s): 108 — 28-118.3 ALTER/CHANGE BLDG OCCUP W/O VALID C/O PER 28-118.3.1,28-118.3.2
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
Other Building / Code Compliance — Summons 35729372P
CLASS - 2 · Issued August 5, 2026; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: EXIT DOOR NOT SELF-CLOSING. NOTED: AT THE TIME OF INSPECTION, OBSERVEDEXITR DOOR TO ROOF DECK AT 5TH FLOOR LEVEL NOT SELF-CLOSING AFTER OPENING. REMEDY: REPAIR/REPLACE HARDWARE.
Cited provision(s): 252 — 27-371, BC 715.3.7 (2008 CODE) & BC 715.4.8 (2014 CODE) EXIT DOOR NOT SELF-CLOSING.
How this type of condition is typically resolved
The first step is to read the inspector's narrative together with every cited code section and determine exactly what act, condition or missing filing DOB alleges. The correction and hearing strategy should then be built around that specific charge rather than a generic violation-removal checklist.
Hearing issues to verify
- Does the summons identify the correct property, respondent, date and observed condition?
- Do agency records support or contradict the inspector's description?
- Was the condition corrected, permitted or otherwise resolved before the hearing?
Evidence that may matter
- Official DOB/OATH property and summons records
- Dated photographs and videos
- Permits, approved plans and inspection results
- Contracts, receipts, professional letters or witness statements tied to the cited condition
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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