Authorized use versus observed occupancy: NYC DOB 28-301.1 / OATH summons 39204597J

Original inspector allegation — verbatim available export

AT REAR OF BUILDING,AT 3RD FLOOR, SIDING FINISH MISSING EXPOSING ROOM TO THE ELEMENTS. INTERIOR OF APARTMENT,CERAMIC TILES MISSING, WALL OPEN., REPAIR AND/REPLACE

Source limit: Source reference: NYC OATH/DOB summons 39204597J; BIN 3259370; 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 export field may still omit pages, attachments or context contained in the actual summons.

Get the complete, authentic notice: search summons 39204597J 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: 28-301.1; recorded infraction: 102. Primary legal issue: safe building maintenance. Interpretive issue: Owner maintenance obligation. AC 28-301.1 requires buildings, equipment, safeguards and means of egress to be kept safe and maintained. The physical condition, rather than whether a particular permit exists, is normally the central question.

What must be tested: The applicable underlying technical standard and the actual defective component determine a lawful repair. An assertion that the building is generally safe does not rebut a specific defect.

Possible exceptions and legal limitations: An exemption from cyclical façade reporting does not exempt a building from general safe-maintenance duties. Determine whether the special rule actually applies. 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

Inspector wording mapped to testable facts

Passage 1 — AT REAR OF BUILDING,AT 3RD FLOOR, SIDING FINISH MISSING EXPOSING ROOM TO THE ELEMENTS.

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 2 — INTERIOR OF APARTMENT,CERAMIC TILES MISSING, WALL OPEN., REPAIR AND/REPLACE

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: 3RD FLOOR

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

Case-specific correction decision tree

Branch A — defect remains: assess risk and protection immediately, then undertake an appropriate licensed/engineered repair. Branch B — already repaired: pair before/after photos with scope, inspection and test results that address the *specific* defect. Branch C — inspector misidentified the component: use an elevation/floor key and technical field report; do not rely on an unspecific clean-inspection assertion.

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

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 39204597J 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

• Read NYC law section 28-301.1
• OATH code 102
• All enforcement examples

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