DOB violation · Class 2

B203 — Occupancy not in line with records

Issued under AC 28-118.3.2. Standard penalty $1,250 · default $6,250.

Quick Reference for B203

Class

Class 2

Penalty

$1,250$6,250

Options:CurableStipulationMitigation
AC 28-118.3.2

What you need to know about AC 28-118.3.2

This code applies when a building is occupied in a manner that does not conform to the established Certificate of Occupancy or the records maintained by the Department of Buildings. The Department issues this violation when it identifies discrepancies between the actual use of the property and the permitted use outlined in official documents. Owners often encounter this situation during inspections or when there are changes in occupancy without proper updates to records. Applies to building owners and operators of all types of properties.

Required Action

Discontinue illegal occupancy or amend C of O

Your Options

  • Cure available (can resolve without hearing)
  • Stipulation available (pre-hearing settlement)
  • Mitigation available (penalty reduction possible)

What are the penalties for B203?

Penalties for B203 vary by scope, severity, and repeat history.

Std
$1,250
Default
$6,250
Agg I
$3,125
Agg II
$6,250

Statute summary

What this statute means

B203 cites 1 section of law. Here is what each one requires.

Administrative Code

1 section

AC · §28-118.3.2

Changes inconsistent with existing certificate of occupancy.

This section prohibits making changes to a building or open lot that are inconsistent with the last issued certificate of occupancy or certificate of completion, unless a new or amended certificate is issued by the commissioner. Applies to building owners planning modifications to their properties.

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

How do I fix or dismiss B203?

  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 B203 without a hearing?

Yes, B203 violations can often be cured by filing a certificate of correction before the compliance date.

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

Free case review

Have a B203 summons in hand?

Default penalties on B203 can reach $6,250. Free 15-minute case review — we handle DOB violations directly with the attorney on your case.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters