Authorized use versus observed occupancy: NYC DOB 28-105.1 / OATH summons 39203628Z

Original inspector allegation — verbatim available export

ATOI OBSERVED CONSTRUCTION IN PROGRESS IN BASEMENT AND CELLAR LEVELS. NEWLY ERECTED PARTITION WALLS, CREATING ROOMS. CONSISTING OF METAL STUDS AND SHEET ROCK. WORK IS APPROX 75% COMPLETE. NO PERMIT ON FILE FOR

Source limit: Source reference: NYC OATH/DOB summons 39203628Z; BIN 3389832; export issue date 09/10/2026. 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 39203628Z 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: 28-105.1; recorded infraction: 101. Primary legal issue: authorization of regulated work. Interpretive issue: Work requiring a permit. AC 28-105.1 is the general permit requirement for regulated building work; it is not a blanket declaration that every minor repair requires a permit.

What must be tested: Check the work actually performed, its timing, trade, approved plans, and permit history; compare against the permit exemptions in AC 28-105.4, related rules, and separately regulated trades.

Possible exceptions and legal limitations: The ordinary-repair/minor-alteration and emergency-work exceptions are fact-specific. Even permit-exempt work must satisfy other applicable law and may require licensed work or other agency approvals. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to DOB permit exemptions, owner alterations.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — ATOI OBSERVED CONSTRUCTION IN PROGRESS IN BASEMENT AND CELLAR LEVELS.

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.

Passage 2 — NEWLY ERECTED PARTITION WALLS, CREATING ROOMS.

This recorded passage identifies a question about structural and interior building component, not a proven final determination. Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress. Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.

Passage 3 — CONSISTING OF METAL STUDS AND SHEET ROCK.

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 4 — WORK IS APPROX 75% COMPLETE.

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 5 — NO PERMIT ON FILE FOR

The negative/deficiency wording is an inspector allegation about a missing, failed or unsafe condition. Determine precisely which component, obligation and time period the asserted absence covers. The supporting documents must establish or rebut the condition on the offense date, not merely its condition today.

Identifiers, locations, measurements and chronology to verify

Identified floor: BASEMENT, CELLAR

Tie inspection photographs to the stated level, approved floor plan, egress route, and actual room use.

Case-specific correction decision tree

Branch A — work required a permit and lacked one: stop any unauthorized work and evaluate a lawful filing/approved correction or removal, including penalties and inspections. Branch B — minor repair or other exemption is claimed: document work scope and the particular exemption in AC 28-105.4 and 1 RCNY 101-14. Branch C — permit existed: compare permit scope, issuance and work dates; a different permit does not automatically authorize the cited operation.

First targeted evidence collection: 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. 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: “ATING ROOMS. CONSISTING OF METAL STUDS AND SHEET ROCK. WORK IS APPROX 75% COMPLETE. NO PERMIT ON FILE FOR”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern authorized use versus observed occupancy; 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 39203628Z and obtain the signed notice.
• DOB permit exemptions, owner alterations — 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

• Read NYC law section 28-105.1
• OATH code 101
• All enforcement examples

Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes