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: Other Building / Code Compliance; Certificate of Correction / Commissioner Order; Illegal Occupancy / Conversion; Work Without a Permit; Zoning / Parking / Use. The hearing dates are October 14, 2026, October 6, 2026; the source issue date(s) are July 27, 2026, October 8, 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.
Other Building / Code Compliance — Summons 39197779H
CLASS - 1 · Issued July 27, 2026; hearing October 6, 2026. · Hearing status: PENDING
DOB allegation in the source extract: UNLAWFUL ACTS. FAILURE TO COMPLY WITH COMMISSIONER'S ORDER FOR SUMMONS 39163127R., COMPLY WITH COMMISSIONER'S ORDER
Cited provision(s): 187 — 28-201.1 UNLAWFUL ACTS. FAILURE TO COMPLY WITH AN ORDER OF THE COMMISSIONER
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
Certificate of Correction / Commissioner Order — Summons 39197780P
CLASS - 2 · Issued July 27, 2026; hearing October 6, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO COMPLY WITH THE COMMISSIONER'S ORDER TO FILE A CERTIFICATE OF CORRECTION WITH THE DEPARTMENT OF BUILDINGS FOR SUMMONS 39163126P., FILE A CERTIFICATE OF CORRECTION
Cited provision(s): 263 — AC 28-204.4 FAIL TO COMPLY W/COMMISSIONER ORDER TO FILE CERT OF CORRECTION W/DOB
How this type of condition is typically resolved
This charge focuses on failure to complete or document the DOB correction process for an earlier summons. The practical task is usually to identify the underlying summons, confirm that its physical condition was actually corrected, and complete the current DOB Certificate of Correction requirements with the supporting proof and any applicable civil-penalty documentation.
Hearing issues to verify
- Was a Certificate of Correction already submitted or approved for the underlying summons before this charge was issued?
- Does DOB's record identify the same underlying summons number and correction deadline described in this citation?
- Was the physical condition actually corrected, and can that correction be tied to the cited condition rather than a different job or location?
Evidence that may matter
- DOB NOW / AEU Certificate of Correction submission or approval record
- Before-and-after photographs tied to the cited condition
- Permits, inspection results, contractor receipts or professional statements supporting the correction
- Proof of applicable DOB civil-penalty payment or waiver, if required
Illegal Occupancy / Conversion — Summons 39163126P
CLASS - 1 · Issued October 8, 2025; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT TIME OF INSPECTION OBSERVERD SECOND FLOOR DIVIDED INTO MULTIPLE ROOMS CONTRARY TO RECORDS BY DOB THIS IS REOCCURRING CONDITIONS AS STATED FROM PREVIOUS VIOLATION 35644098Z ISSUED ON 07/01/2022, DISCONTINUE I
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
Work Without a Permit — Summons 39163127R
CLASS - 1 · Issued October 8, 2025; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT TIME OF INSPECTION OBSERVED SECOND FLOOR DIVEDED INTO MULTIPLE ROOMS WITH FULL HEIGHT PARTITIONS, OBTAIN PERMIT
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
Zoning / Parking / Use — Summons 39163134P
CLASS - 2 · Issued October 8, 2025; hearing October 14, 2026. · Hearing status: PENDING
DOB allegation in the source extract: A-8 ECB ISSUED FOR ILLEGAL USE IN COMMERCIAL DISTRICT,UNLICENSED MASSAGE ESTABLISHMENT ON 2ND FLOOR PER ZR 12-10. NOTED MASSEUSE,WHO IS NOT A HEALTH CARE PROFESSIONAL, ILLEGAL USE IN A COMMERCIAL DISTRICT
Cited provision(s): 247 — ZR 32-00 ILLEGAL USE IN A COMMERCIAL DISTRICT
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
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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