Illegal Occupancy / Conversion — Summons 35483701J
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY C OF O AND/OR DEPARTMENT OF BUILDINGS RECORDS. PARTITION ERECTED CREATING ROOMS FOR LIVING AT ATTIC. RESIDENTIAL SINK AND ELECTRIC STORE PRESENT AT KITCHEN. ALSO PRESENT A
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