DOB violation · Class 3

B385 — Use of property not allowed in residential zone

Issued under ZR 22-00. Standard penalty $500 · default $500.

Quick Reference for B385

Class

Class 3

Penalty

$500$500

Options:CurableStipulation
ZR 22-00

What you need to know about ZR 22-00

This code applies to the permitted uses of properties located in residential districts. The Department of Buildings issues it when a property is utilized in a manner that is not compliant with zoning regulations. Owners often see this in cases where commercial activities are conducted in areas designated for residential use. Compliance may require adjustments to the property's use or obtaining the necessary permits. Applies to building owners and operators in residential zones.

Your Options

  • Cure available (can resolve without hearing)
  • Stipulation available (pre-hearing settlement)

What are the penalties for B385?

Penalties for B385 vary by scope, severity, and repeat history.

Std
$500
Default
$500
Agg I
$500
Agg II
$500

Statute summary

What this statute means

B385 cites 1 section of law. Here is what each one requires.

Zoning Resolution

1 section

ZR · §22-00

GENERAL PROVISIONS

This section classifies uses within buildings and zoning lots into 10 separate Use Groups based on similar characteristics. It establishes permitted uses in Residence Districts and outlines additional provisions for specific uses. Applies to building owners involved in zoning and land use regulations.

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

How do I fix or dismiss B385?

  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 B385 without a hearing?

Yes, B385 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 B385 summons in hand?

Default penalties on B385 can reach $500. Free 15-minute case review — we handle DOB violations directly with the attorney on your case.

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