Roof, flashing or drainage deterioration
Practical questions to investigate when an NYC Department of Buildings notice describes roof, flashing or drainage deterioration. See the actual summons for the controlling allegations.
What this enforcement scenario describes
This scenario concerns roof, flashing or drainage deterioration, associated in the source export with 28-105.1. The source data describe allegations—not independently verified findings or completed client projects.
How to evaluate this particular condition
Identify the source of water penetration or deterioration and the extent of damage.
Potential correction approach
Assess maintenance versus permitted replacement, correct defects and document completed work. The legally appropriate path may differ with permit history, physical site conditions, applicable code edition and the wording of the actual summons.
Evidence to start assembling
Roofing records, waterproofing or drainage report and photographs. Keep originals, date photographs, and check that the supporting records address every listed condition.
Questions worth resolving before filing
- Is the cited condition still present, or was it previously corrected?
- Does the notice reference an earlier summons, order, permit or Certificate of Occupancy?
- Which licensed professional or contractor must review this specific issue, if any?
- Is the summons eligible for a cure or other OATH response option? Verify eligibility directly rather than assuming it.
- Does the proposed correction require separate DOB permits, inspections, proof of penalties paid or owner attestations?
Specific clues in the enforcement descriptions
These are text indicators extracted from the source records for this precise law-and-scenario combination. They show what inspectors mentioned, not whether the allegation was proven or how a property was ultimately corrected.
- Roof areas: referenced in 44 of 59 matching descriptions
- Missing permits: referenced in 40 of 59 matching descriptions
- Exterior walls or façades: referenced in 12 of 59 matching descriptions
- Rear yards: referenced in 9 of 59 matching descriptions
- Doors or door hardware: referenced in 8 of 59 matching descriptions
- Cellar rooms: referenced in 3 of 59 matching descriptions
- Plumbing pipes or drains: referenced in 3 of 59 matching descriptions
Severity labels found in this subset: CLASS - 2 (33), CLASS - 1 (24), CLASS - 3 (2). Severity depends on the actual summons; it cannot be determined from a topic title.
Permit-and-plan review for 28-105.1
Compare the specific work with DOB-approved filings. Determine whether permitted legalization, an amendment to approved plans, correction under a properly authorized scope, or removal and restoration is supportable. Work-without-permit situations can also involve separate DOB civil penalties; check the notice and DOB records.
General DOB/OATH resolution pathway
- Identify the controlling documents. Locate the actual summons, inspector narrative, cited rule, OATH hearing date and any related DOB orders. The same code label can cover distinct situations.
- Address immediate risks. If the condition poses a safety threat or is subject to a stop-work or vacate order, comply with applicable restrictions and obtain appropriate professional assistance promptly.
- Select a supportable corrective approach. That may involve stopping a use, repairing or removing unauthorized work, obtaining permits, inspections or professional evaluation. Legalization is not assured.
- Separate hearing response from DOB correction. Respond to OATH as required. A payment or hearing outcome does not automatically establish that all DOB correction requirements are satisfied.
- Document and certify correction. Where required, submit the Certificate of Correction through DOB NOW: Safety → Violations & Notices of Deficiency, including the proper attestations and applicable evidence. Monitor DOB status after submission.
Related law and infraction-code references
- OATH infraction code 201 (33 matching records)
- OATH infraction code 101 (20 matching records)
- OATH infraction code 160 (3 matching records)
- OATH infraction code 301 (2 matching records)
- OATH infraction code 1C6 (1 matching records)
Other problems cited under this law label
- Plumbing fixtures and piping
- Unpermitted general construction work
- Electrical wiring and outlets
- Gas piping and gas appliances
- Plumbing fixtures and piping — cellar
- Interior partitions and layout changes
- Extension and enlargement work
Official reference links
- NYC DOB: OATH Summonses
- NYC DOB: Certificate of Correction FAQ
- NYC DOB: OATH Hearing & Penalties
- NYC OATH: Hearings and Defaults
- NYC DOB: Codes
Need help with a specific NYC DOB violation?
Building Violation LLC can review the summons, relevant building records, corrective filing options and OATH hearing needs. The right approach depends on the original notice and site conditions.
Call (866) 545-4440 Visit Building Violation LLCLegal applicability and fact-check workflow
Applicable code context: 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.
How to test the legal elements: 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.
Exceptions / limits: 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. Do not infer applicability from an export shorthand label; read the applicable code edition and the entire summons.
Roof and weather protection: field and evidence review
Identify roof surface, drainage path, penetration and whether the alleged defect affects structure, exits, occupied rooms or adjacent properties.
Evidence: Roof plan, dated interior/exterior photos, contractor moisture/roofing findings, approved details and after-repair test where appropriate.
Common misreading: Not every patch requires an identical permit; ordinary-repair exemption and technical requirements must be tested against scope.
Before a Certificate of Correction is prepared, collect the actual summons, dated proof addressing each charged condition, any required permits/inspection evidence, and required authorized statements. The alleged inspection history is not proven by an excerpt.
Authorities: DOB permit exemptions, owner alterations · OATH Summons Finder instructions (download actual summons) · Certificate of Correction instructions.