DOB violation · Class 2

B224 — Change in occupancy without proper approval

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

Quick Reference for B224

Class

Class 2

Penalty

$250$1,250

Options:CurableMitigation
AC 28-118.3

What you need to know about AC 28-118.3

This code pertains to the requirement for obtaining approval for changes in occupancy or use as outlined in the Certificate of Occupancy. The Department of Buildings issues this violation when a Place of Assembly is operated without the necessary permissions specified in the current Certificate of Occupancy. Owners often encounter this situation when they alter the use of a space without updating the official documentation. Failure to address this issue may lead to further enforcement actions. Applies to building owners and operators of facilities designated for assembly purposes.

Required Action

Discontinue illegal occupancy and obtain a new C of O

Your Options

  • Cure available (can resolve without hearing)
  • Mitigation available (penalty reduction possible)

What are the penalties for B224?

Penalties for B224 vary by scope, severity, and repeat history.

Std
$250
Default
$1,250
Agg I
$625
Agg II
$1,250

Statute summary

What this statute means

B224 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 B224?

  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 B224 without a hearing?

Yes, B224 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 B224 summons in hand?

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