DOB violation · Class 1

B107 — Building lacks a valid occupancy certificate

Issued under AC 28-118.1. Standard penalty $2,500 · default $12,500.

Quick Reference for B107

Class

Class 1

Penalty

$2,500$12,500

Options:Hearing required
AC 28-118.1

What you need to know about AC 28-118.1

This code applies to the requirement of having a valid certificate of occupancy for buildings and open lots. The Department of Buildings issues this violation when a property is occupied without the necessary documentation. Owners often encounter this situation during inspections or when there are changes in occupancy. Addressing this issue promptly is essential to avoid further complications. Applies to building owners and operators of various property types.

Required Action

Obtain a valid Certificate of Occupancy

What are the penalties for B107?

Penalties for B107 vary by scope, severity, and repeat history.

Std
$2,500
Default
$12,500
Agg I
$6,250
Agg II
$12,500

Statute summary

What this statute means

B107 cites 1 section of law. Here is what each one requires.

Administrative Code

1 section

AC · §28-118.1

General provisions.

This section mandates that no building or open lot may be used or occupied without a certificate of occupancy issued by the commissioner. The issuance of this certificate does not imply approval of any violations of the building code or other applicable laws. Applies to building owners and property operators.

Summary by Nacmias Law Firm — for general information. The official statute text on AmLegal controls.

How do I fix or dismiss B107?

  1. Stop the violating condition immediately.
  2. File to legalize or restore as required.
  3. Obtain approvals/permits; schedule inspections.
  4. Bring proof of correction to OATH.

Can I cure B107 without a hearing?

No, B107 violations cannot be cured without a hearing. You must attend to resolve this matter.

What are the deadlines and next steps?

Act before the hearing date to minimize penalties and preserve defenses. Contact us for a free case review.

FAQ

Verified: May 2026Penalty schedule: December 2025

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