Other / description requires manual interpretation
113 allegations in this data subset. Description is too broad to infer a specific correction without the full summons.
Violation guide › Law sections › 28-118.3.2
NYC violation law-section reference
28-118.3.2
Occ contrary to that allowed by the c of o or dob records.
391 citations in October 12 sample
This label is taken from an enforcement-data export and may be an abbreviated citation, combined citation, historical-code reference or general category. It is not a substitute for the actual legal text or full DOB notice.
What the dataset shows
Across the export, this law label appears with multiple enforcement narratives. The legal section alone may not tell you whether a condition concerns equipment, unsafe maintenance, a change in occupancy, missing filings or work without authorization. Review the original inspector description and applicable code edition before selecting a remedy.
Enforcement problems identified in these records
Plumbing fixtures and piping
76 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Gas piping and gas appliances
73 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Illegal cellar dwelling or apartment
42 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Interior partitions and layout changes
26 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Short-term rental or transient occupancy
15 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Illegal parking or storage in zoning district
12 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Boiler inspection or maintenance
7 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Windows, doors and building openings
6 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Extension and enlargement work
4 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Roof, flashing or drainage deterioration
4 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Fire separation and protection systems
2 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Electrical wiring and outlets
2 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Unlawful dwelling conversion or added units
2 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Illegal commercial or manufacturing use
2 allegations in this data subset. Open the scenario guide for condition-specific investigation and evidence requirements.
Related OATH infraction codes
These are separate infraction identifiers observed alongside this law section, not interchangeable substitutes for the cited statute.
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.
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: Occupancy/use inconsistent with authorized records. AC 28-118.3.2 is used for occupancy or use inconsistent with the applicable certificate of occupancy or DOB records. Physical alterations and legal occupancy are different questions.
How to test the legal elements: Compare the relevant historical/current C of O, approved plans and authorized use against the observed occupants, layout and use on the cited date. Determine whether cessation, restoration or a lawful change-of-use process is possible.
Exceptions / limits: Older buildings may have lawful preexisting use established by historical records instead of a modern C of O; do not assume every mismatch can be legalized without zoning, egress and fire-safety review. Do not infer applicability from an export shorthand label; read the applicable code edition and the entire summons.
Authorized use versus observed occupancy: field and evidence review
Identify each floor/unit and its claimed function and compare the C of O/authorized plan with actual use on the cited date.
Evidence: 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.
Common misreading: Basement/cellar classification, legal dwelling status and transient-use rules are distinct determinations; do not conflate them.
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: NYC DOB construction codes · OATH Summons Finder instructions (download actual summons) · Certificate of Correction instructions.
Examples observed under this citation
Draft source-grounded analytical examples; the original enforcement descriptions are allegations and may be truncated.
- Windows, doors and building openings — upper floors
- Illegal cellar dwelling or apartment — cellar
- Fire separation and protection systems — cellar
- Other / description requires manual interpretation — garage
- Illegal cellar dwelling or apartment — cellar
- Other / description requires manual interpretation — cellar