DOB violation · Class 1

B124 — Change in occupancy without proper approval

Issued under AC 28-118.3. Standard penalty $5,000 · default $25,000.

Quick Reference for B124

Class

Class 1

Penalty

$5,000$25,000

Options:Hearing required
AC 28-118.3

What you need to know about AC 28-118.3

This code pertains to the requirement for a Certificate of Occupancy (C of O) that reflects the current use of a building. The Department of Buildings issues this violation when a property is operated as a Place of Assembly without the necessary approvals outlined in the C of O. Owners often encounter this issue when they change the use of their premises without updating their documentation. Compliance with occupancy regulations is essential to ensure safety and legality. Applies to building owners and operators of assembly spaces.

Required Action

Discontinue illegal occupancy and obtain a new C of O

What are the penalties for B124?

Penalties for B124 vary by scope, severity, and repeat history.

Std
$5,000
Default
$25,000
Agg I
$12,500
Agg II
$25,000

Statute summary

What this statute means

B124 cites 1 section of law. Here is what each one requires.

Administrative Code

1 section

AC · §28-118.3

Completed buildings or open lots.

This section requires owners of tax lots with an existing certificate of occupancy to notify the Department of Buildings of any changes to the metes and bounds of their zoning lot after construction documents are approved. Applies to building owners with zoning lot changes requiring documentation updates.

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

How do I fix or dismiss B124?

  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 B124 without a hearing?

No, B124 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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