What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 4 summons records for this property identifier. The charge mix is: 2 Certificate of Correction / Commissioner Order summonses; Illegal Occupancy / Conversion; Vacate Order. The hearing dates are October 20, 2026, October 6, 2026; the source issue date(s) are January 6, 2026, July 31, 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 39198613M
CLASS - 1 · Issued July 31, 2026; hearing October 6, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OCCUPANCY CONTRARY TO THAT ALLOWED BY THE CERTIFICATE OF OCCUPANCY OR BUILDINGS DEPARTMENT RECORD. OBSERVED MEZZANINE ADDED ON 2ND FLOOR BEING USED AS A SHOWROOM WITH STONE DISPLAYS, TILES, KITCHEN CABINETS., D
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
Certificate of Correction / Commissioner Order — Summons 39198611Z
CLASS - 1 · Issued July 31, 2026; hearing October 6, 2026. · Hearing status: PENDING
DOB allegation in the source extract: UNLAWFUL ACTS. FAILURE TO COMPLY WITH THE COMMISSIONER'S ORDER. FAILURE TO OBTAIN PERMITS OR FILE CERTIFICATE OF CORRECTIONS FOR VIOLATION 39164582N, 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
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
Certificate of Correction / Commissioner Order — Summons 39198612K
CLASS - 1 · Issued July 31, 2026; hearing October 6, 2026. · Hearing status: PENDING
DOB allegation in the source extract: UNLAWFUL ACTS. FAILURE TO COMPLY WITH THE COMMISSIONER'S ORDER. FAILURE TO OBTAIN PERMITS OR FILE CERTIFICATE OF CORRECTIONS FOR VIOLATION 39164584R, 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
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
Vacate Order — Summons 39172608M
CLASS - 1 · Issued January 6, 2026; hearing October 20, 2026. · Hearing status: PENDING
DOB allegation in the source extract: FAILURE TO OBEY A VACATE ORDER FROM THE COMMISSIONER PER 28-207.4. NOTE: OBSERVED RESPONDENT HAS FAILED TO OBEY PARTIAL VACATE ORDER ISSUED 10/23/2025 UNDER COMPLAINT # 4A14825 FOR REAR SECTION OF MEZZANINE. NO
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
Case-specific next step
For this property, the first paid review should reconcile the 4 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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