What DOB is alleging at this property
This October hearing page is not just a schedule entry. The supplied DOB extract contains 5 summons records for this property identifier. The charge mix is: 2 Work Without a Permit summonses; Failure to Maintain; Illegal Occupancy / Conversion; Zoning / Parking / Use. The hearing dates are October 21, 2026, October 7, 2026; the source issue date(s) are July 21, 2026, July 29, 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.
Failure to Maintain — Summons 39196901H
CLASS - 1 · Issued July 21, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED AT EXP 2 COMBUSTIBLE DEBRIS CONSISTING OF APPROX 20 BLACK BAGS , CARDBOARD, PLASTIC, WOOD ETC. AT THE FRONT OF EXP 2 APPROX 20 CANS OF PAINT AND ADDITIONAL CARDBOARD ETC., REPAIR AND/REPLACE
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
Illegal Occupancy / Conversion — Summons 39196899H
CLASS - 1 · Issued July 21, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED WALL BUILT IN GARAGE APPROX 6' FROM ROLLUP DOOR. OPPOSITE SIDE OF WALL IS ROOM WITH CLOSET, SOFFIT ETC. WALL ALTERS THE GARAGE FROM ITS INTENDED USE PER THE C/O. OBSTRUCTS VEHICLES FROM FULLY ENTERING
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
Work Without a Permit — Summons 39196900X
CLASS - 1 · Issued July 21, 2026; hearing October 7, 2026. · Hearing status: PENDING
DOB allegation in the source extract: OBSERVED WALL BUILT IN GARAGE TO DIVIDE IT. ALSO NEW WINDOW AT EXP 2 CUT INTO SIDE OF HOUSE, ALTERING THE STRUCTURE. AT INTERIOR OBSERVED WALLS REMOVED WITH SCARRING AT WALL AND CEILING WHERE WALLS WERE., OBTAI
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
Zoning / Parking / Use — Summons 39198299N
CLASS - 2 · Issued July 29, 2026; hearing October 21, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT EXP 3 OBSERVED A WOOD COMBUSTIBLE DECK AROUND A POOL. DECK RUNS PROPERTY LINE TO PROPERTY LINE AT EXP 2,3 AND 4. THE RCNY REQUIRES COMBUSTIBLE DECKS TO BE MIN 3' FROM PROPERTY LINE. STAIRS FROM SECOND FLOOR
Cited provision(s): 284 — ZR-MISC MISCELLANEOUS VIOLATIONS OF THE ZONING RESOLUTION
How this type of condition is typically resolved
Zoning charges require comparing the observed use, parking arrangement or physical condition to the applicable zoning district, lawful occupancy and any prior approvals or variances. Correction can mean stopping the use, restoring required parking, or pursuing a lawful approval if available.
Hearing issues to verify
- Is the cited zoning district/use classification correct for this lot?
- Was the alleged use actually occurring on the issue date?
- Is there a prior BSA/CPC/DOB approval, variance or grandfathered condition relevant to the charge?
Evidence that may matter
- Zoning map and ZOLA/property records
- Certificate of Occupancy / approved plans
- Survey or parking layout
- Prior approvals, variances, permits and dated photographs
Work Without a Permit — Summons 39198300L
CLASS - 1 · Issued July 29, 2026; hearing October 21, 2026. · Hearing status: PENDING
DOB allegation in the source extract: AT EXP 3 GAS APPLIANCE WAS REMOVED AND OPEN GAS LINE WAS OBSERVED. NO CAP OR PLUG., OBTAIN PERMIT
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
Case-specific next step
For this property, the first paid review should reconcile the 5 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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