Boiler device inspection and filing: NYC DOB 28-210.1 / OATH summons 39139338R
Original inspector allegation — verbatim available export
: RESIDENCE ALTERED; NOTED C OF O #35700 INDICATE BUILDING AS 2 FAMILY 2 STORY, CELLAR AS BOILER, RECREATION, AND STORAGE, HAS NOW BEEN ALTERED AND OCCUPIED AS 3 FAMILIES. RESIDENCE ALTERED AT CELLAR LEVEL, NOW
Source limit: Source reference: NYC OATH/DOB summons 39139338R; BIN 2072977; export issue date 02/24/2025. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The description is at the export’s approximately 210-character field limit and may terminate mid-word or mid-sentence.
Get the complete, authentic notice: search summons 39139338R in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.
Charge classification: law controls; keywords do not
Recorded citation: 28-210.1; recorded infraction: 2K6. Primary legal issue: authorized occupancy or use. Interpretive issue: Unlawful occupancy or use. Article 210 concerns unlawful occupancy and occupancy restrictions. Precisely characterize the factual use alleged and cross-check the cited subsection.
What must be tested: Verify number of occupants/units, permanent versus transient use, the observed date, egress and legal-use records.
Possible exceptions and legal limitations: Do not infer a short-term-rental allegation merely from a residential unit: actual use, applicable date and statutory elements matter. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to NYC DOB construction codes.
Specific conditions mentioned in this inspector wording
1. Boiler device inspection and filing
Investigative test: Determine whether the alleged defect is missing periodic inspection/report, a physical unsafe condition or unpermitted replacement; link the device identifier to the required inspection cycle.
Evidence matched to this issue: Boiler device/installation record, agency filing receipt, inspector qualification, report and any affirmation-of-correction documentation.
Boundary / potential counterexample: A physical tune-up invoice is not a filed annual boiler inspection report, and filing alone does not resolve a real hazard.
2. Authorized use versus observed occupancy
Investigative test: Identify each floor/unit and its claimed function and compare the C of O/authorized plan with actual use on the cited date.
Evidence matched to this issue: C of O and historical building records; dated layout/room photos, use documentation, rent/booking records only where genuinely relevant, and design-professional egress review.
Boundary / potential counterexample: Basement/cellar classification, legal dwelling status and transient-use rules are distinct determinations; do not conflate them.
Inspector wording mapped to testable facts
Passage 1 — : RESIDENCE ALTERED
Treat this passage as an asserted observation or reference. Check the named location, actor, object and time against contemporaneous photos and official filing records before drawing a regulatory conclusion.
Passage 2 — NOTED C OF O #35700 INDICATE BUILDING AS 2 FAMILY 2 STORY, CELLAR AS BOILER, RECREATION, AND STORAGE, HAS NOW BEEN ALTERED AN…
This recorded passage identifies a question about boiler device inspection and filing, not a proven final determination. Determine whether the alleged defect is missing periodic inspection/report, a physical unsafe condition or unpermitted replacement; link the device identifier to the required inspection cycle. A physical tune-up invoice is not a filed annual boiler inspection report, and filing alone does not resolve a real hazard.
Passage 3 — RESIDENCE ALTERED AT CELLAR LEVEL, NOW
This recorded passage identifies a question about authorized use versus observed occupancy, not a proven final determination. Identify each floor/unit and its claimed function and compare the C of O/authorized plan with actual use on the cited date. Basement/cellar classification, legal dwelling status and transient-use rules are distinct determinations; do not conflate them.
Identifiers, locations, measurements and chronology to verify
- Identified floor: CELLAR
- Tie inspection photographs to the stated level, approved floor plan, egress route, and actual room use.
Case-specific correction decision tree
Branch A — observed use conflicts with lawful records: evaluate cessation/restoration with safe occupant arrangements, or a design-professional assessment for lawful amendment. Branch B — older lawful use is asserted: retrieve historical C of O or records establishing preexisting authorization. Branch C — factual error: document the actual number of units, room functions, occupancy pattern and inspection date without making unverified statements about tenants.
First targeted evidence collection: Boiler device/installation record, agency filing receipt, inspector qualification, report and any affirmation-of-correction documentation. This is an investigative request, not a claim that the work or evidence already exists.
Editorial closure of the shortened allegation — NOT source text
Verbatim excerpt ends: “ION, AND STORAGE, HAS NOW BEEN ALTERED AND OCCUPIED AS 3 FAMILIES. RESIDENCE ALTERED AT CELLAR LEVEL, NOW”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern boiler device inspection and filing; whether additional observations, directions, dates, measurements or exceptions followed is unknown and must be checked in the original summons.”
No missing words, dates, measurements, liability conclusion or regulatory remedy have been invented. Even if the final syllable looks obvious, completing it as a purported inspector quotation would misstate an official record.
Response, certification and closing evidence
A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.
Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.
Primary authority and fact-check links
- OATH Summons Finder instructions (download actual summons) — enter summons 39139338R and obtain the signed notice.
- NYC DOB construction codes — verify law wording and any exception.
- BIS / DOB NOW record limitations — older BIS violations may not be in DOB NOW.
- Certificate of Correction instructions — review current COC procedure, signatures and evidence.
Related library and official records
Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes
Need a resolution plan tied to the full summons?
Building Violation LLC can review the violation wording, permits, drawings, correction evidence and available OATH hearing procedures. A web example is not a determination of compliance for any property.