DOB violation · Class 2

B216 — Building used for residential purposes improperly

Issued under AC 28-210.2. Standard penalty $2,500 · default $10,000.

Quick Reference for B216

Class

Class 2

Penalty

$2,500$10,000

Options:Hearing required
AC 28-210.2

What you need to know about AC 28-210.2

This code applies when a building designated for industrial or manufacturing use is converted or maintained for residential occupancy in violation of the Certificate of Occupancy or official records. The Department of Buildings issues this violation when it observes that the building is being used contrary to its approved use. Owners often encounter this situation during inspections or when complaints are filed. Addressing this issue may require reverting the building to its intended use or obtaining the necessary approvals. Applies to building owners and operators of industrial or manufacturing properties.

Required Action

Restore to prior legal use or obtain a Certificate of Occupancy

What are the penalties for B216?

Penalties for B216 vary by scope, severity, and repeat history.

Std
$2,500
Default
$10,000
Agg I
$6,250
Agg II
$10,000

Statute summary

What this statute means

B216 cites 1 section of law. Here is what each one requires.

Administrative Code

1 section

AC · §28-210.2

Illegal industrial or manufacturing conversions.

This section prohibits the conversion of spaces legally authorized for industrial or manufacturing use to residential use without compliance with the code. It outlines the process for reporting violations to various tax and finance authorities. Applies to building owners involved in such conversions.

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

How do I fix or dismiss B216?

  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 B216 without a hearing?

No, B216 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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