- Jurisdiction
- New York
I got a Notice of Violation from BOB. It blamed me in illegal conversion in my basement, where I have two bathrooms with adjoining rooms. Further surveillance did not observed an occupancy in them. At the OATH hearing DOB tried to prove the illegal conversion by building bathrooms and walls without permits. I proved that I bought the house as it is in current conditions and DOB removed the works without permits. Instead they stated that I maintained previously built illegal conversion. In the OATH decision they confirmed the violation but renamed my basement into cellar without explanation of it. Such re-classification made illegal by default any arrangement for living purposes. Of course, I cannot to prove that this subject even was not discussed at the hearing.
But I know that the court may operate only with those subjects which were provided in the inspection papers. At this point OATH's re-classification was illegal because Inspector defined my premise as basement and it is a basement in reality.
Now I run a process in Supreme Court to dismiss the illegal conversion. I want to show that OATH expanded its authority. I need the reference to law's paragraph which allows the court to use only those details and descriptions which was provided by litigants.
But I know that the court may operate only with those subjects which were provided in the inspection papers. At this point OATH's re-classification was illegal because Inspector defined my premise as basement and it is a basement in reality.
Now I run a process in Supreme Court to dismiss the illegal conversion. I want to show that OATH expanded its authority. I need the reference to law's paragraph which allows the court to use only those details and descriptions which was provided by litigants.
