DOB violation · Class 2

B208 — Building occupied without valid Certificate of Occupancy

Issued under AC 28-118.3. Standard penalty $1,250 · default $6,250.

Quick Reference for B208

Class

Class 2

Penalty

$1,250$6,250

Options:CurableStipulationMitigation
AC 28-118.3

What you need to know about AC 28-118.3

This code applies when a building is occupied without an appropriate Certificate of Occupancy. The Department of Buildings issues this violation when alterations or changes to the building have been made without securing the necessary documentation. Owners often encounter this situation when modifications are completed but not formally approved. Addressing this issue may involve obtaining the required certificate to ensure compliance. Applies to building owners and operators of various property types.

Required Action

Obtain a valid C of O or discontinue illegal occupancy

Your Options

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

What are the penalties for B208?

Penalties for B208 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

B208 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 B208?

  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 B208 without a hearing?

Yes, B208 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

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Have a B208 summons in hand?

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