What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 7 summons records for this property identifier. The charge mix is: 2 Work Without a Permit summonses; 2 Failure to Maintain summonses; Stop Work Order; Construction Fence; Illegal Occupancy / Conversion. The hearing dates are October 21, 2026, October 27, 2026; the source issue date(s) are August 5, 2026, January 2, 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.
Stop Work Order — Summons 39199314R
CLASS - 1 · Issued August 5, 2026; hearing October 21, 2026. · Hearing status: PENDING
DOB allegation in the source extract: ATOI OBSERVED WORK HAS CONTINUED WHILE ON NOTICE OF SWO ISSUED ON 01/2/2026 SUMMONS # 39172226R THERE ARE NO ACTIVE PERMITS TO VERIFY ANY OF THE QUESTIONABLE CONSTRUCTION WORK. OBSERVED WORKERS WORKING ON THE E
Cited provision(s): 112 — 28-207.2.2 UNLAWFULLY CONTINUED WORK WHILE NOTICE OF A STOP WORK ORDER
How this type of condition is typically resolved
An active Stop Work Order has to be treated separately from the underlying summons. The cited unsafe or unpermitted condition must be corrected or legalized, required permits/penalties addressed, and the issuing agency must formally rescind or modify the order before prohibited work resumes.
Hearing issues to verify
- What exact work was covered by the Stop Work Order: all work or only part of the project?
- Was the activity observed after the order actually prohibited work, or was it authorized safety / emergency / corrective work?
- Was the Stop Work Order already rescinded or modified before the activity alleged in the summons?
Evidence that may matter
- Copy of the Stop Work Order and any rescission/modification notice
- DOB permit records and inspector correspondence
- Daily logs, photographs and contractor records showing when work stopped or resumed
- Evidence identifying any limited corrective/safety work performed
Construction Fence — Summons 39199313P
CLASS - 2 · Issued August 5, 2026; hearing October 21, 2026. · Hearing status: PENDING
DOB allegation in the source extract: NOTED: ECB VIOLATION ISSUED FOR OBSERVED EXPIRED CONSTRUCTION FENCE PERMIT POSTED ON THE CONSTRUCTION FENCE. WHILE ACTIVE CONSTRUCTION WAS ON GOING FENCE PERMIT # B013125020-I1 EXPIRED 5/24/26, RENEW PERMIT
Cited provision(s): 207 — BC 105.8.2 TEMPORARY CONSTRUCTION EQUIPMENT ON SITE-EXPIRED PERMIT
How this type of condition is typically resolved
Construction-fence charges generally require bringing the fence, gates, viewing panels, height and site protection into compliance with the approved construction-safety setup and maintaining it for the required duration.
Hearing issues to verify
- Did the fence configuration on the inspection date match the approved/logistics plan?
- Was the cited opening or defect temporary and promptly corrected?
- Was a permit or construction-fence filing active where required?
Evidence that may matter
- Approved construction-fence/site logistics documents
- Dated photographs
- Contractor logs and correction invoice
- Permit/filing record
Work Without a Permit — Summons 39172224N
CLASS - 1 · Issued January 2, 2026; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED UNPERMITTED 1 STORY HORIZONTAL EXTENSION AT EXP 3. EXTENSION IS APPROX 21'D X 30'W X 10'H. NEW FOUNDATION WAS CREATED FOR EXTENSION. ALSO OBSERVED INTERIOR OF FIRST FLOOR WAS DEMOED TO THE FRAMING. WOR
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
Failure to Maintain — Summons 39172225P
CLASS - 1 · Issued January 2, 2026; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO PROTECT PUBLIC AND PROPERTY FROM CONSTRUCTION OPERATIONS. NEIGHBOR YARD AT EXP 2 HAS CONST DEBRIS AND FENCE WAS REMOVED. AT EXP 3 NEIGHBOR PARKING AT REAR IS EXPOSED TO POTENTIAL FALLING CONST MATERI
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
Illegal Occupancy / Conversion — Summons 39172226R
CLASS - 1 · Issued January 2, 2026; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED AN UNPERMITTED REAR EXTENSION AT EXP 3 CREATING A HOUSE THAT NO LONGER CONFORMS TO DEPT RECORDS. RECORDS SHOW HOUSE IS 61' DEEP AND 21' WIDE. EXTENSTION CREATES A HOUSE APPROX 85' DEEP AND 35'W AT THE
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
Failure to Maintain — Summons 39172227Z
CLASS - 1 · Issued January 2, 2026; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED LARGE PILE OF COPNSTRUCTION DEBRIS AT EXP 2 AT REAR YARD EXTENSION. DEBRIS CONSISTING OF COMBUSTIBLE WOOD SCRAPS, ROOFING MATLS, BLACK BAGS, INSULATION ETC. APPROX 10 YDS., REPAIR AND/REPLACE
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
Work Without a Permit — Summons 39172253M
CLASS - 1 · Issued January 2, 2026; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSVD CONST FENCE AS BUILT DOES NOT CONFORM TO APPRVD PLANS. PLANS SHOW FENCE AT EXP 1 WITH 2 GATES. THEN EXTENDING ON BOTH SIDES (EXP2 AND 4)TO THE REAR YARD EXP 3. THEN ACROSS THE YARD FROM EXP 2 TO 4. FENCE
Cited provision(s): 182 — 28-105.12.2 WORK DOES NOT CONFORM TO APPROVED CONSTRUCTION DOCUMENTS AND/OR APPROV
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
Case-specific next step
For this property, the first paid review should reconcile the 7 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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