What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 7 summons records for this property identifier. The charge mix is: 3 Certificate of Correction / Commissioner Order summonses; 2 Work Without a Permit summonses; Failure to Maintain; Illegal Occupancy / Conversion. The hearing date is October 5, 2026; the source issue date(s) are February 13, 2023, February 20, 2026, January 18, 2023, March 25, 2025, March 26, 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.
Certificate of Correction / Commissioner Order — Summons 39178014M
CLASS - 2 · Issued February 20, 2026; hearing October 5, 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. NO CERTIFICATE OF CORRECTION ON FILE FOR VIO#39079572N AS OF 2/20/2026., FILE A CERTIFICATE
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
Work Without a Permit — Summons 39178021K
CLASS - 1 · Issued February 20, 2026; hearing October 5, 2026. · Hearing status: PENDING
DOB allegation in the source extract: UNLAWFUL ACTS. FAILURE TO COMPLY WITH COMMISSIONER'S ORDER. FOR WORK WITHOUT A PERMIT FOR VIO#39079571L NO PERMITS ON FILE AS OF 2/20/2026,FOR CREATING A DWELLING UNIT IN THE CELLAR WITH 3-PIECE BATHROOM, GAS/W
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 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
Certificate of Correction / Commissioner Order — Summons 39182072M
CLASS - 2 · Issued March 26, 2026; hearing October 5, 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. NO CERTIFICATE OF CORRECTION ON FILE FOR VIO#39079572N AS OF 3/26/2026., FILE A CERTIFICATE
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
Failure to Maintain — Summons 39077879Z
CLASS - 2 · Issued January 18, 2023; hearing October 5, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: FAILURE TO MAINTAIN BUILDING IN A CODE-COMPLIANT MANNER (28-301.1): ATOI ON A 1-STORY, NFP, OFFICE BUILDING, IN R3-2 OVERLAY C2-1 DISTRICT, OBSERVED AT SIDE YARDS, EXPOSURES 2 & 4, THE LEADERS DRAINING RAINWATE
Cited provision(s): 202 — 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
Work Without a Permit — Summons 39079571L
CLASS - 1 · Issued February 13, 2023; hearing October 5, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: WORK W/O PERMIT. OBSERVED THAT AT THE CELLAR, FULL HEIGHT PARTITIONS HAVE BEEN ERECTED TO CREATE TWO BEDROOMS AND A LIVING ROOM. IN ADDITION, INSTALLATION OF WATER AND WASTE LINES FOR 3PC BATHROOM, RESIDENTIAL
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
Illegal Occupancy / Conversion — Summons 39079572N
CLASS - 1 · Issued February 13, 2023; hearing October 5, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: OCCUPANCY CONTRARY TO DOB RECORDS. C OF O # 68212 INDICATES CELLAR TO BE USED AS BOILER AND OFFICES, ATOI, OBSERVED THE CELLAR LEVEL HAS BEEN ILLEGALLY CONVERTED INTO A "CLASS A" APARTMENT BEING OCCUPIED BY A F
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 39142779J
CLASS - 2 · Issued March 25, 2025; hearing October 5, 2026. · Hearing status: DEFAULT
DOB allegation in the source extract: NO CERTIFICATE OF CORRECTION ON FILE FOR CLASS 1 OCCUPANCY CONTRARY VIOLATION 39079572N ISSUED ON 2/13/23 FOR CELLAR BEING USED AS A DWELLING UNIT WHEN C OF O STATES IT SHOULD BE OFFICE SPACE AND BOILER ROOM. C
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
Case-specific next step
For this property, the first paid review should reconcile the 7 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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