Illegal Occupancy / Conversion — Summons 39142781Z
DOB allegation in the source extract: RCA WAS ISSUED ON 7/09/2024 BY INSPECTOR BADGE # 3605 FOR RESIDENCE CONVERTED FROM A LEGAL 1-FAMILY TO A 2-FAMILY AT CELLAR LEVEL. DOB RECORDS INDICATE PREMISES TO BE A 1 FAMILY WITH CELLAR AS ORDINARY. INSPECT
Cited provision(s): 2K6 — 28-210.1 RESIDENCE CONVERTED MAINTAINED OR OCCUPIED AS A DWELLING FOR MORE THAN
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