What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 4 summons records for this property identifier. The charge mix is: 2 Illegal Occupancy / Conversion summonses; Elevator / Vertical Transportation; Egress / Exit Obstruction. The hearing dates are October 14, 2026, October 26, 2026; the source issue date(s) are April 23, 2023, December 16, 2025, May 27, 2023.
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.
Elevator / Vertical Transportation — Summons 39170564K
CLASS - 2 · Issued December 16, 2025; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: TOP LANDING IS AN ILLEGAL VESTIBULE; CONFORM TO 2.11.6.5.
Cited provision(s): 251 — 28-301.1 FAILURE TO MAINTAIN BUILDING IN CODE-COMPLAINT MANNER:SERVICE EQUIPMEN
How this type of condition is typically resolved
Elevator charges often require licensed-elevator maintenance or repair, the required periodic inspection/test filing, an affirmation of correction where applicable, and reinspection for hazardous conditions.
Hearing issues to verify
- Does the device number/location on the summons match the building's elevator record?
- Was the cited defect repaired or the device removed from service before the inspection?
- Were the required CAT/periodic inspection filings timely and accepted?
Evidence that may matter
- Elevator device record and inspection/test reports
- Maintenance contractor logs and repair tickets
- Affirmation of Correction / reinspection result
- Photographs or controller/service records
Illegal Occupancy / Conversion — Summons 35581844X
CLASS - 1 · Issued April 23, 2023; hearing October 26, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY THE CERTIFICATE OF OCCUPANCY AND/OR BUILDINGS DEPARTMENT RECORDS.COO#300523280 INDICATES 3 STORE FRONT& 1 DAYCARE-AT TIME OF INSPECTION-PREMISES SET-UP ARRANGE AND OCCUPIED
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 39087267R
CLASS - 1 · Issued May 27, 2023; hearing October 26, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN A CODE COMPLIANT MANNER - ROLL DOWN GATES AT THE FRONT MAIN INGRESS/EGRESS AND THE REAR INGRESS/EGRESS NOT LOCKED IN AN OPEN POSITION DURING OPERATING HOURS / WHILE BEING OCCUPIE
Cited provision(s): 102 — 28-301.1 FAILURE TO MAINTAIN BLDG IN CODE-COMPLIANT MANNER
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
Illegal Occupancy / Conversion — Summons 39087268Z
CLASS - 1 · Issued May 27, 2023; hearing October 26, 2026. · Hearing status: PENDING
DOB allegation in the source extract: CONTRARY TO COO / DOB RECORDS - AS PER COO #158915 ISSUED ON 1958 - PREMISES LISTED AS RETAIL FOOD MARKET AND TEN (10) STORES FOR 190 PEOPLE TOTAL - AT TIME OF INSPECTION, PREMISES HAS BEEN CONVERTED, ARRANGED,
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
Case-specific next step
For this property, the first paid review should reconcile the 4 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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