What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 2 summons records for this property identifier. The charge mix is: Vacate Order; Work Without a Permit. The hearing date is October 27, 2026; the source issue date(s) are June 27, 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.
Vacate Order — Summons 39152212H
CLASS - 1 · Issued June 27, 2025; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO OBEY A VACATE ORDER FROM THE COMMISSIONER PER 28-207.4. PARTIAL VACATE ORDER Q211/2025, ISSUED AT CELLAR LEVEL ON 6/17/2025. AT TIME OF INSPECTION, OBSERVED CELLAR LEVEL BEING OCCUPIED WITH FULL KITC
Cited provision(s): 1F9 — 28-207.4 FAILURE TO OBEY A VACATE ORDER
How this type of condition is typically resolved
Vacate-order matters require confirming the exact areas and occupants covered by the order, correcting the conditions that caused the order, completing any required permits/inspections, and obtaining formal agency authorization before reoccupancy.
Hearing issues to verify
- Does the summons identify the correct premises/area and the same vacate order reflected in agency records?
- Was the area occupied on the cited date, and by whom?
- Had the agency already rescinded or modified the vacate order before the alleged occupancy?
Evidence that may matter
- Vacate Order and rescission/modification documents
- DOB/HPD records showing status and affected areas
- Photographs, access logs, leases or occupancy records
- Professional reports / inspection results documenting correction
Work Without a Permit — Summons 39152213J
CLASS - 2 · Issued June 27, 2025; hearing October 27, 2026. · Hearing status: PENDING
DOB allegation in the source extract: WORK WITHOUT A PERMIT. NOTED AT REAR OF PREMISES. OBSERVED METAL FRAME STRUCTURE CREATING CANOPY HAS BEEN ERECTED. CANOPY IS AFFIXED TO BUILDING AND GARAGE AND MEASURES APPROX. 25FT X 12FT X 10FT. STRUCTURE APP
Cited provision(s): 201 — 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 2 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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