What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 6 summons records for this property identifier. The charge mix is: 3 Illegal Occupancy / Conversion summonses; Egress / Exit Obstruction; Failure to Maintain; Other Building / Code Compliance. The hearing date is October 20, 2026; the source issue date(s) are August 13, 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.
Illegal Occupancy / Conversion — Summons 35729373R
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: DWELLING CONVERTED, MAINTAINED OR OCCUPIED WITH 3 OR MORE ADDITIONAL DWELLING UNITS THAN LEGALLY AUTHORIZED BY DEPARTMENT OF BULDINGS RECORDS. ILLEGAL OCCUPANCY NOTED: AT 2ND FLOOR APARTMENT HAS BEEN ILLEGALLY
Cited provision(s): 1E8 — 28-210.1 CONVERT/MAINTAIN/OCCUPY MULT DWELLING W/3 OR MORE UNITS THAN APPROVED; 172 — 28-202.1 ADDITIONAL DAILY PENALTY FOR CLASS 1 VIOLATION OF 28-210.1 OR 28-210.2
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
Illegal Occupancy / Conversion — Summons 35729374Z
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: DWELLING CONVERTED, MAINTAINED OR OCCUPIED WITH 3 OR MORE ADDITIONAL DWELLING UNITS THAN LEGALLY AUTHORIZED BY DEPARTMENT OF BULDINGS RECORDS. ILLEGAL OCCUPANCY NOTED: AT 2ND FLOOR APARTMENT HAS BEEN ILLEGALLY
Cited provision(s): 1E8 — 28-210.1 CONVERT/MAINTAIN/OCCUPY MULT DWELLING W/3 OR MORE UNITS THAN APPROVED; 172 — 28-202.1 ADDITIONAL DAILY PENALTY FOR CLASS 1 VIOLATION OF 28-210.1 OR 28-210.2
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
Illegal Occupancy / Conversion — Summons 35729500K
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: DWELLING CONVERTED, MAINTAINED OR OCCUPIED WITH 3 OR MORE ADDITIONAL DWELLING UNITS THAN LEGALLY AUTHORIZED BY DEPARTMENT OF BULDINGS RECORDS. ILLEGAL OCCUPANCY NOTED: AT 2ND FLOOR APARTMENT HAS BEEN ILLEGALLY
Cited provision(s): 1E8 — 28-210.1 CONVERT/MAINTAIN/OCCUPY MULT DWELLING W/3 OR MORE UNITS THAN APPROVED; 172 — 28-202.1 ADDITIONAL DAILY PENALTY FOR CLASS 1 VIOLATION OF 28-210.1 OR 28-210.2
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 35729501M
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN A CODE-COMPLIANT MANNER. FAILURE TO PROVIDE THE REQUIRED NUMBER OF MEANS OF EGRESS FOR EVERY FLOOR AS PER BC1018.1(2008); BC 1021.1(2014); BC 1006.3(2022) AND 27-366 FOR FURNISHE
Cited provision(s): 189 — 28-301.1 FAILURE TO MAINTAIN BUILDING IN A CODE COMPLIANT MANNER. FAILURE TO PR
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
Failure to Maintain — Summons 35729502Y
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN A CODE-COMPLIANT MANNER. LACK OF A SYSTEM OF AUTOMATIC SPRINKLERS WHERE REQUIRED AS PER BC 903.2 AND 27-954 FOR FURNISHED ROOMS AT 2ND FLOOR APARTMENT. REMEDY: DISCONTINUE ILLEGA
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
Other Building / Code Compliance — Summons 35729503X
CLASS - 1 · Issued August 13, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: BC 907.2.8. FAILURE TO PROVIDE THE REQUIRED CLASS "J" FIRE ALARM SYSTEM FOR FURNISHED ROOMS AT 2ND FLOOR APARTMENT. REMEDY: DISCONTINUE ILLEGAL OCCUPANCY.
Cited provision(s): 106 — 27-/28-/BC-MISC MISCELLANEOUS VIOLATIONS
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
Case-specific next step
For this property, the first paid review should reconcile the 6 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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