Earlier order and correction filing: NYC DOB 28-204.4 / OATH summons 39203338K
Original inspector allegation — verbatim available export
FAILURE TO COMPLY WITH THE COMMISSIONER'S ORDER TO FILE A CERTIFICATE OF CORRECTION WITH THE DEPARTMENT OF BUILDINGS. NOTE: AT TIME OF INSPECTION, OBSERVED/NOTED CERTIFICATE OF CORRECTION NOT FILED FOR OATH /EC
Source limit: Source reference: NYC OATH/DOB summons 39203338K; BIN 4295026; export issue date 09/08/2026. 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 39203338K 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: 28-204.4; recorded infraction: 263. Primary legal issue: certificate-filing order. Interpretive issue: Failure to file Certificate of Correction as ordered. AC 28-204.4 addresses compliance with the Commissioner’s order to file a Certificate of Correction. It is a documentary/enforcement duty tied to an underlying notice, not a new stand-alone finding that the underlying construction defect is still physically present.
What must be tested: Identify the earlier summons/order, required filing and deadline, then obtain DOB AEU history. Verify whether correction, submission and acceptance occurred by the relevant date.
Possible exceptions and legal limitations: Evidence of physical repairs is not automatically proof of an accepted certificate. Conversely, the later charge does not by itself establish that the earlier physical condition persists. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to Certificate of Correction instructions.
Specific conditions mentioned in this inspector wording
1. Earlier order and correction filing
Investigative test: Find the prior notice/order number and the deadline; compare the submitted COC, AEU decision and actual correction chronology.
Evidence matched to this issue: Earlier summons and any linked violation history; DOB AEU request status, submission receipt, accepted/disapproved notices and photographs of each corrected item.
Boundary / potential counterexample: Do not mistake a reference to work listed on the old summons for a fresh finding of the same hazardous condition.
2. Regulatory report or inspection record
Investigative test: Identify which exact report, attestation or inspection the law requires and its deadline; distinguish absence from late submission.
Evidence matched to this issue: Filing requirement, receipt/confirmation, relevant inspection or professional report and agency disposition record.
Boundary / potential counterexample: A report drafted but never accepted can remain a filing violation; verify agency status rather than relying on emails.
Inspector wording mapped to testable facts
Passage 1 — FAILURE TO COMPLY WITH THE COMMISSIONER'S ORDER TO FILE A CERTIFICATE OF CORRECTION WITH THE DEPARTMENT OF BUILDINGS.
This recorded passage identifies a question about earlier order and correction filing, not a proven final determination. Find the prior notice/order number and the deadline; compare the submitted COC, AEU decision and actual correction chronology. Do not mistake a reference to work listed on the old summons for a fresh finding of the same hazardous condition.
Passage 2 — NOTE: AT TIME OF INSPECTION, OBSERVED/NOTED CERTIFICATE OF CORRECTION NOT FILED FOR OATH /EC
This recorded passage identifies a question about earlier order and correction filing, not a proven final determination. Find the prior notice/order number and the deadline; compare the submitted COC, AEU decision and actual correction chronology. Do not mistake a reference to work listed on the old summons for a fresh finding of the same hazardous condition.
Identifiers, locations, measurements and chronology to verify
No uniquely parseable earlier summons number, permit number, date, exposure or measurement is established by this excerpt. The full notice and building profile should supply the missing keys; do not invent them.
Case-specific correction decision tree
Branch A — earlier condition corrected but no accepted filing: assemble the prior summons, dated correction proof, applicable certification form and attestation, and determine whether AEU accepted or rejected a request before the charged date. Branch B — underlying condition still exists: address safety and corrective work separately, then file the proper evidence. Branch C — filing existed: preserve confirmation numbers, filing timestamps, agency review outcomes and the exact order cited to evaluate the new charge.
First targeted evidence collection: Earlier summons and any linked violation history; DOB AEU request status, submission receipt, accepted/disapproved notices and photographs of each corrected item. 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: “F BUILDINGS. NOTE: AT TIME OF INSPECTION, OBSERVED/NOTED CERTIFICATE OF CORRECTION NOT FILED FOR OATH /EC”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern earlier order and correction 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 39203338K and obtain the signed notice.
- Certificate of Correction instructions — 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.