What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 3 summons records for this property identifier. The charge mix is: Zoning / Parking / Use; Illegal Occupancy / Conversion; Work Without a Permit. The hearing date is October 2, 2026; the source issue date(s) are December 22, 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.
Zoning / Parking / Use — Summons 39171188K
CLASS - 3 · Issued December 22, 2025; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO COMPLY WITH ZONING RESOLUTION FRONT YARD PLANTING REQUIREMENTS 23-613 . NOTED : AT TIME OF INSPECTION ,OBSERVED AT EXPOSURE 1 THE PLANTING WAS REMOVED FROM THE ENTIRE FRONT YARD, AND REPLACING WITH P
Cited provision(s): 384 — ZR-MISC MISCELLANEOUS VIOLATIONS OF THE ZONING RESOLUTION
How this type of condition is typically resolved
Zoning charges require comparing the observed use, parking arrangement or physical condition to the applicable zoning district, lawful occupancy and any prior approvals or variances. Correction can mean stopping the use, restoring required parking, or pursuing a lawful approval if available.
Hearing issues to verify
- Is the cited zoning district/use classification correct for this lot?
- Was the alleged use actually occurring on the issue date?
- Is there a prior BSA/CPC/DOB approval, variance or grandfathered condition relevant to the charge?
Evidence that may matter
- Zoning map and ZOLA/property records
- Certificate of Occupancy / approved plans
- Survey or parking layout
- Prior approvals, variances, permits and dated photographs
Illegal Occupancy / Conversion — Summons 39171189M
CLASS - 3 · Issued December 22, 2025; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY THE CERTIFICATE OF OCCUPANCY OR BUILDINGS DEPT RECORDS . NOTED : AT TIME OF INSPECTION OBSERVED THE GARAGE DOOR HAS BEEN REMOVED AND REPLACED WITH A BRICK WALL,WITH RESIDEN
Cited provision(s): 303 — 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
Work Without a Permit — Summons 39171190J
CLASS - 3 · Issued December 22, 2025; hearing October 2, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. NOTED : AT TIME OF INSPECTION ,OBSERVED AT EXPOSURE 1 ON THE GROUND FLOOR THE GARAGE DOOR HAS BEEN REMOVED AND REPLACED WITH BRICK WALL, AND RESIDENTIAL DOOR, THERE IS NO PERMIT IN DEPT R
Cited provision(s): 301 — 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
Case-specific next step
For this property, the first paid review should reconcile the 3 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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