Vacate order scope and posting / rescission: NYC DOB 28-207.4 / OATH summons 35731130P
Original inspector allegation — verbatim available export
FAILURE TO OBEY VACATE ORDER FROM THE COMMISSIONER. NOTED AT TIME OF INSPECTION APARTMENT #4 ON THE 4TH FLOOR UNDER VACATE ORDER #B190/2026 ISSUED 04/09/2026 CONTINUES TO BE OCCUPIED AS A DWELLING. REMEDY: COMP
Source limit: Source reference: NYC OATH/DOB summons 35731130P; BIN 3028939; export issue date 09/17/2026. 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 35731130P 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: 28-207.4; recorded infraction: 1F9. Primary legal issue: specific cited provision requiring manual cross-check. Interpretive issue: Vacate-order obligations. AC 28-207.4 covers vacate orders and related prohibitions. The exact subsection and code edition matter: posting/tampering, continued occupancy and rescission are different legal events.
What must be tested: Obtain the signed order, location/scope, service and posting history, date of any rescission and actual occupants/use at inspection.
Possible exceptions and legal limitations: Do not declare that the order was rescinded because premises were repaired; obtain the agency order or determination. Historical subsection numbering must be checked. 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. Vacate order scope and posting / rescission
Investigative test: Obtain the actual vacate order and determine the prohibited spaces, effective date, original posting and any written rescission.
Evidence matched to this issue: Signed and posted order, photos of postings, service/notice record, occupancy evidence and official rescission order if one exists.
Boundary / potential counterexample: A vacate order remains distinct from a stop-work order; removing a physical hazard does not by itself rescind the agency order.
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.
3. Structural and interior building component
Investigative test: Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress.
Evidence matched to this issue: Floor plan, measured photos, licensed design-professional report if structural, approved drawings and after-work inspection.
Boundary / potential counterexample: Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.
Inspector wording mapped to testable facts
Passage 1 — FAILURE TO OBEY VACATE ORDER FROM THE COMMISSIONER.
This recorded passage identifies a question about vacate order scope and posting / rescission, not a proven final determination. Obtain the actual vacate order and determine the prohibited spaces, effective date, original posting and any written rescission. A vacate order remains distinct from a stop-work order; removing a physical hazard does not by itself rescind the agency order.
Passage 2 — NOTED AT TIME OF INSPECTION APARTMENT #4 ON THE 4TH FLOOR UNDER VACATE ORDER #B190/2026 ISSUED 04/09/2026 CONTINUES TO BE OCC…
This recorded passage identifies a question about vacate order scope and posting / rescission, not a proven final determination. Obtain the actual vacate order and determine the prohibited spaces, effective date, original posting and any written rescission. A vacate order remains distinct from a stop-work order; removing a physical hazard does not by itself rescind the agency order.
Passage 3 — REMEDY: COMP
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
- Cited calendar date: 04/09/2026
- Check whether this is a permit expiry, previous summons issuance, reinspection or compliance deadline; each has a different consequence.
- Identified floor: 4TH FLOOR
- Tie inspection photographs to the stated level, approved floor plan, egress route, and actual room use.
Case-specific correction decision tree
Branch A — physical or documentary defect persists: evaluate risk and the controlling technical text, then select correction. Branch B — it was already compliant on the cited date: marshal contemporaneous approved records and site evidence. Branch C — scope, code edition or identification is wrong: prepare a fact-by-fact comparison to the actual summons and cited regulation before advancing a defense or revised filing.
First targeted evidence collection: Signed and posted order, photos of postings, service/notice record, occupancy evidence and official rescission order if one exists. 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: “LOOR UNDER VACATE ORDER #B190/2026 ISSUED 04/09/2026 CONTINUES TO BE OCCUPIED AS A DWELLING. REMEDY: COMP”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern vacate order scope and posting / rescission; 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 35731130P 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.