Masonry or façade deterioration: NYC DOB 28-105.1 / OATH summons 39138798N

Original inspector allegation — verbatim available export

: W/O A PERMIT. NOTED: AT EXPOSURE 2 - ATTACHED GARAGE DOOR OBSERVED REMOVED & REPLACED WITH A BRICK WALL & SWING DOOR., OBTAIN ALL PERMITS; OBTAIN PERMITS

Source limit: Source reference: NYC OATH/DOB summons 39138798N; BIN 2068179; export issue date 02/19/2025. 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 export field may still omit pages, attachments or context contained in the actual summons.

Get the complete, authentic notice: search summons 39138798N 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: 201. 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 — : W/O A PERMIT.

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: AT EXPOSURE 2 - ATTACHED GARAGE DOOR OBSERVED REMOVED & REPLACED WITH A BRICK WALL & SWING DOOR., OBTAIN ALL PERMITS

This recorded passage identifies a question about masonry or façade deterioration, not a proven final determination. Photograph and locate the defect by elevation and height; evaluate loose-material risk and whether exterior-wall/facade reporting rules apply. A material crack description is not a structural diagnosis; cyclical FISP applicability depends on building height and rule exceptions.

Passage 3 — OBTAIN PERMITS

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.

Identifiers, locations, measurements and chronology to verify

Identified building exposure: 2

Use a labeled elevation/key plan and matching photos so findings relate to the correct building face.

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: Elevation key and dated close-ups, Qualified Exterior Wall Inspector/engineering findings when relevant, protective plan and accepted post-repair inspection. This is an investigative request, not a claim that the work or evidence already exists.

Editorial closure of the shortened allegation — NOT source text

The visible description does not show the same clear character-limit truncation flag, but additional pages or attachments may still exist. No editorial sentence is treated as part of the inspector’s wording.

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 39138798N 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 201
• All enforcement examples

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