Preview
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
EXHIBIT A
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
NOV ID: 7535105
OHP Form 194CIV THE CITY OF NEW YORK
DEVELOPMENT
(Rev.6/2013) DEPARTMENT OF HOUSING PRESERVATION AND
DIVISION OF CODE ENFORCEMENT
DCE/ BROOKLYN BORO OFFICE .
701 EUCLlD AVENUE
a oevebpmma BROOKLYN, NY 11208 fth
nyc.govepd
BORO AREA BLDG TYPE REG. NO. DATE REPORTED CYCLE # PAGE
LOCATION
BK O N/A 0 11/04/2021 490282 1 of 1
1670 44 STREET
NOTICE OF VIOLATION
All violations listed below are CLASS B MOLD
OWNER . AII violations listed below must be CORRECTED by 12/09/2021
1670 44 STREET and CERTIFIED as corrected by 12/23/2021
BROOKLYN, NY 11204
VlOLATION ORDER VIOLATION DESCRIPTION
NO.
14665285 550 § 27-2017.3 HMC: TRACE AND REPAIR THE SOURCE AND ABATE THE VISIBLE MOLD CONDITION... AT
CEILING ( APPROX- 3 SQ.FT ) AT CELLAR
ORIGINAL VIOLATION 14424898 ISSUED 17-JUN-21 HAS BEEN UPGRADED TO CLASS B PER
ADMINISTRATIVE CODE §27-2017.3a(3)(a) or (b).
AN ASTERISK(*) FOLLOWING AN ORDER NUMBER DENOTES A RENT IMPAIRING VIOLATIOtt (MDL § 30)
IMPORTANT: THE CORRECTION
(1) DATE LISTED ABOVE DOES NOT APPLY TO HEAT AND HOT WATER
NIOl.AnONS
VIOLS
ANDOTHER VIOLATIONS OF SUBCHAPTER II, ARTICLE 8 OF THE HOUSING MAINTENANG COOE.
(2) READ THE INSTRUC ONS ON THE BACK OF THIS NOTICE CAREFULLY.
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
CIV 194 Mold (rev S/21) Under 10 unit bldg. (all violation dasses) AND 10+ Unit bldg. (class A/Class B upgraded only) AGENCY COPY
CERTIFICATION OF CORRECTION OF VIOL.ATION(S)
Complete entire form and sign below.
State of New York
)SS:
County of
(PRINT NAME), swear or affirm under penalty of perjury as follows:
That the building is a multiple dwelling, or is a one- or two-family house and neither I nor any family
1. for the subject property in
occupies it, and, I am currently registered with the Division of Code Enforcement
member
the capacity of:
¤ Owner of the property
Officer or Director of the Corporation that owns the property
Managing Agent of the property, or
Otherwise registered as responsible for the property
OR
member occupies the
That I am the owner of a one or two family house and I or my immediate family
dwelling, and therefore are not required to register.
That I have examined the area(s) identified on the Notice of Violation
ID by violation(s)
2. I have
and to my knowledge such violation(s) whose number(s)
number(s)
in accordance with the safe work
listed was (were) corrected, including the source of the mold condition,
practices outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b) on (date)
by:
____Myself, an employee, or managing agent _
Print Name
OR
That if a firm was used to perform mold assessment and mold remediation or abatement all work was performed
in accordance with Article 32 of New York State Labor Law using safe work practices as outlined in Administrative
Code §27-2017.9 and 28 RCNY §54-04(b). And I have attached the following:
s A copy of the Mold Assessment Contractor license
Firm Name
AND
a A copy of the Mold Remediation Contractor license
OR the Mold Remediator's Worker Supervisor's license
Firm Name
3. My signature below indicates that I am submitting a separate and distinct certification for each violation listed above
by violation number and I am aware that I am subject to penalties for false certification for each violation certified on this
form.
Swom to me this
day of 20_
Signature
Notary Public
Print Name
Phone Number
THE MAKING OF A
FALSE CERTIFICATION IS A CRIME
PUNISHABLE BY A FINE
AND.R IMPRISONMENT
Pnnted on paper
containing 30% post-consumer material
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
7531688
OHP Form 194 CIV NOV ID:
THE CITY OF NEW YORK
(Rev. 6/2013) DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
DIVISION OF CODE ENFORCEMENT
DCE/ BROOKLYN BORO OFFICE
Department
of 701 EUCLID AVENUE
opmet BROOKLYN, NY 11208
nyc.gov/hpd
CYCLE # PAGE
LOCATION BORO AREA BLDG TYPE REG. NO. DATE REPORTED
489527 1 of 1
1670 44 STREET BK 0 N/A 0 10/30/2021
I
NOTICE OF VIOLATION
All violations listed below are CLASS B MOLD
All violations listed below must be CORRECTED 12/06/2021
OWNER . by
1670 44 STREET and CERTIFIED as corrected by 12/20/2021
OKLYN, NY 11204
VIOLATION ORDER VIOLATION DESCRIPTION
NO.
SOURCE AND ABATE THE VISIBLE MOLD CONDITION...
14657385 550 § 27-2017.3 HMC: TRACE AND REPAIR THE
APPROXIMATELY 16 SQUARE FEET AT NORTH WALL AT CELLAR
ORIGINAL VIOLATION 14414686 ISSUED 17-JUN-21 HAS BEEN UPGRADED TO CLASS B PER
ADMINISTRATIVE CODE §27-2017.3a(3)(a) or (b).
AN ASTERISK(*) FOLLOWING AN ORDER NUMBER DENOTES A RENT IMPAIRING VIOLATION (MDL § 302a)
IMPORTANT: (1) THE CORRECTION DATE LISTED ABOVE DOES NOT APPLY TO HEAT AND HOT
NO. WATER VIOLATIONS
VIOLS AND OTHER VIOLATIONS OF SUBCHAPTER
II, ARTICLE 8 OF THE HOUSING
READ THE INSTRUCHONS ON THE BACK OF THIS MAINTENANCE CODE.
(2)
NOTICE CAREFULLY.
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
CIV 194 Mold (rev 5/21) Under 10 unit bldg. (all violation dasses) AND 10+ Unit bldg. (class A/Class B upgraded only) AGENCY COPY
CERTIFICATION OF CORRECTION OF VIOLATION(S)
Complete entire form and sign below.
State of New York
)SS:
County of
(PRINT NAME), swear or affirm under of perjury as follows:
penalty
That the building is a multiple dwelling, or is a one- or house and neither I nor any family
two-family
member occupies it, and, I am currently registered with the Division of Code Enforcement for the subject property in
the capacity of:
Owner of the property
Officer or Director of the Corporation that owns the property
Managing Agent of the property, or
Otherwise registered as responsible for the property
OR
That I am the owner of a one or two family house and I or my immediate family member.occupies the
dwelling, and therefore are not required to register.
2. That I have examined the area(s) identified on the Notice of Violation ID by violation(s)
number(s) and to my knowledge such violation(s) whose number(s) I have
listed was (were) corrected, including the source of the mold condition, in accordance with the safe work
practices outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b) on (date)
by:
_____Myself, an employee, or managing agent
Print Name
OR
_That if a firm was used to perform mold assessment and mold remediation or abatement all work was performed
in accordance with Article 32 of New York State Labor Law using safe work practices as outlined in Administrative
Code §27-2017.9 and 28 RCNY §54-04(b). And I have attached the following:
m A copy of the Mold Assessment Contractor license
Firm Name
AND
s A copy of the Mold Remediation Contractor license
OR the Mold Remediator's Worker Supervisor's license
Firm Name
3. My signature below indicates that I am submitting a separate and distinct certification for each violation listed above
by violation number and I am aware that I am subject to penalties for false certification for each violation certified on this
form.
Swom to me this
day of ,20 -- - - - - -- ----
Signature
Notary Public Print Name
Phone Number
THE MAKING OF A FALSE CERTIFICATION IS A CRIME
PUNISHABLE BY A FINE AND/OR IMPRISONMENT
Printed on paper containing 30% post-consumer material.
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
NYC DEPARTMENT OF BUILDINGS
LL00592
ADMINISTRATIVE ENFORCEMENT UNIT
280 BROADWAY, 5TH FLOOR
NEW YORK, NY 10007 Buildings
(212) 393-2405
Mailing date: 10/07/2021
Respondent: SHIMON JACOB
Summons #: 035536579L
Installation: 3128370
SHIMON JACOB
1670 44TH ST 4/ass
BROOKLYN NY 11204-1048
DEPT. OF BUILDINGS (PETITIONER)
SHIMON JACOB (RESPONDENT)
. . _
Time: 08:30 A.M. Location: 9 BOND STREET FLOOR 7TH BROOKLYN
Hearing Date: 02/02/2022
Date of violation: 09/20/21
Place of occurrence: 1670 44 STREET BROOKLYN
Observation made by: 2647 AHMAD,USMAN
or other rules and regulations
Violation(s) of NYC Construction, Admin., or Electrical Codes,
Penalty: Standard Admit Default
Section Class Description
ORDER TO FILE $1,250 $1,250 $6,250
AC 28-204.4 2 FAIL TO COMPLY W COMMISSIONER
COMMISSIONERS ORDER CONTAINED IN SUMMONS/VI
NOTES: FAILURE TO COMPLY WITH THE
OLATION#39043076J ISSUED ON 06/18/21 AND TO FILE A CERTIFICATE OF CORR
ECTION PURSUANT TO 28-201.1 AND 1RCNY 102-01.OCCUPANCY CONTRARY TO THA
VIOLATING CONDITIONS: If either box below is checked, there are aggravating factors
AGGRAVATED
associated with this summons and you may be assessed a higher penalty amount.
Aggravated I Aggravated II
COMMISSIONER'S ORDER: The premises cited above is in violation of the NYC Construction Codes,
Title 27 or Title 28 of the NYC Admin Code, NYC Electrical code, NYC Zoning Resolution, or
other rules and regulations. IT IS ORDERED that these summonses be remedied and certified to be
in compliance submitting documentation as noted on the back of this notice.
by
REDUCED PENALTY OPTIONS (no hearing appearance required for these options): The reduced
penalty options below are available ONLY if one of the boxes is checked.
Cure - correction and certification by resulting in a zero penalty.
Early
Stipulation - Pre-Hearing Stipulation Offer letter is attached (pay reduced
Pre-hearing
Amount above with agreement to provide acceptable compliance by .)
Penalty
ADMIT OPTION: You may pay a standard, Aggravated I or Aggravated II penalty WITHOUT
APPEARING AT A HEARING. See reverse side of this notice for details.
YOU (THE RESPONDENT) MUST COMPLY WITH THE COMMISSIONER'S ORDER and must pay -the standard,
Aggravated I, or Aggravated II penalty UNLESS:
- you are eligible for a reduced penalty option and you meet all requirements (including
payment); or
- you appear at the on the hearing date above and OATH dismisses the charge(s).
hearing
For more information on exact penalty amounts, including aggravated conditions, and related
information, see the DOB Penalty Table in the violation area of www.nyc.gov/buildings.
HEARING OPTION (attend hearing): If you contend that you are not liable for the summons, you
must APPEAR AT THE HEARING on the date, at the time and at the place stated above. Your hearing
will be held pursuant to NYC Charter Sec. 1049-a and related rules It is your opportunity to
answer and defend against the charges set forth in this summons. IF YOU FAIL TO COMPLY WITH THE
COMMISSIONER'S ORDER TO APPEAR AT THE HEARING IF REQUIRED TO DO SO, YOU WILL BE DEEMED IN
VIOLATION AND YOU WILL BE SUBJECT TO THE DEFAULT PENALTY ABOVE.
READ THE REVERSE SIDE OF THIS NOTICE FOR INSTRUCTIONS. FOR FURTHER QUESTIONS, CONTACT NYC
DEPARTMENT OF BUILDINGS, AEU, 280 BROADWAY, 5TH NEW YORK NY 10007 - (212)393-2405
FLOOR,
..
G22L-Summons
v06252018
SELF
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
City of New York
OMH
o
New York NY 10272-2339
HearingsDivision
Mailing date of this order: 06/08/2022
Respondent: SHIMAN, JACOB
Summons # : 035566698L
SHIMAN, JACOB
1670 44TH ST
BROOKLYN NY 3/702 --------
11204-1048
New
Hearing Date: 07/27/2022
Time: 08:30
Location: BROOKLYN
9 BOND STREET
Floor 7TH
You or someone who represents
against you MUST appear
you. If you need for the hearing or the
an case will be decided
interpreter, one will be provided for free.
Until further notice, hearings will
our website be by phone,
at nyc.gov/oath online or by mail. For more information visit
- For a hearing
by phone, email the
You must. request hearing location where your
your hearing on or before hearing is scheduled to occur.
the new date
Bronx: hearing indicated above.
RemoteBronx@oath.nyc.gov
Brooklyn:
RemoteBKLYN@oath.nyc.gov
Manhattan:
RemoteManhattan@oath.nyc.gov
Queens:
RemoteLIC@oath.nyc.gov
Staten Island:
RemoteSI@oath.nyc.gov
- For a hearing online, visit the OATH website at
online defense on or nyc.gov/oath. You must submit
before the new hearing your written
date indicated above.
- For hearings by mail, mail your defense at least five
to: (5) days before the new hearing date
OATH Remote Hearings Unit
66 John Street, 10th floor
Rew York, NY 10038
If you cannot participate in a phone hearing, online hearing or
Livehearings@oath,nyc.gov to request an in-person hearing by mail, you email
hearing. may
If you or your representative cannot appear on or by the new hearing
must contact us prior to the new hearing date listed above, you
date by visiting OATH at nyc.gov/oath
Clerk's Office section of the website to learn and going to the
how to request a reschedule of the date.
hearing
If you fail to appear or reschedule this hearing, you will not be given
under Section 6-21(e) of Title 48 another hearing date,
of the Rules of the of New
City York.
Need help in your language? Visit nyc.gov/oath or call 311 for assistance
GO7B-Reschedule Notice
v12012016
SELF
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
IMMEDIATELY HAZARDOUS
CLASS 1 SUMMONS
Bulidings NOTICE OF RE-INSPECTION AND FAILURE TO COMPLY
CORRECTION REQUIRED IMMEDIATELY
02/15/2022
SHIMON, JACOB
1670 44TH ST.
BROOKLYN NY 11204-1048
Re: Summons number 39043077L- RE-INSPECTED, FAILURE TO COMPLY SUMMONS ISSUED
Dear SHIMON, JACOB:
Department of Buildings (Department) issued a Class 1 Immediately Hazardous
On 8 /02/Jun, the New York City
39043077Lat your property. Our records show that to date, the summons has NOT been resolved
summons, number
and remains open.
"open" result in the issuance of a $1,500 or DOB Civil
Uncorrected Immediately Hazardous Class 1 summonses may
State Law and the New York
Penalty and every sixty days, an additional re-inspection prescribed by New York City
Administrative Code. Just paying the will not resolve the summons.
penalty
On 4 /02/Jan, the summons was re-inspected to determine if the condition(s) have been corrected and that
violating
an acceptable certificate of correction has been filed with the Departmenes Administrative Enforcement Unit (AEU).
The re-inspection revealed the continue to exist and/or that an acceptable certificate of correction
violating condition(s)
has not been submitted. As a result, 35566698L was issued for failing to comply with the Commissioner's Order found
in summons number 39043077L. Each re-inspection that reveals the violating condition(s) continue to exist
9r that an acceptable c rtificate of norrection han not been filed, will result in the issuance of an additional
Summons that carries a monetary penalty.
O What You Have To Do
" Correct the violating right
condition(s) away
o Always hire a licensed professional and ensure plans are filed and approved by the
Department prior to work starting and that permits are issued
" Show the Department of Buildings that the condition(s)
has been corrected
o How: File a Certificate of Correction
Immediately
o Where: Online, through our DOBNOW system, BIS options
(details below)
O How To Show Us You Corrected The Violating
Condition(s)
" Gather and complete the necessary forms. Forms may be accessed on our website at:
www.nyc.gov/aeuforms.
" Submit a Certificate of Correction application including proof of correction with a signed
" To submit a Certificate statement.
of Correction request, use an eFiling account to log into DOB NOW at
www.nyc.gov/dobnow and select the BIS portal. If you need to create an eFiling *
account, visit
O Have A We Are Here To
Question, Help You
" By phone: Call AEU at
(212) 393-2405.
" Online Help: Access our help form at
" Website: www.nyc.gov/dobhelp
Additional information can be found on our
website at www.nyc.qov/aeu.
Be advised, failure to
submit an acceptable
records. Let s work together certificate of correction will result in the
to address summons "open"
these issues and resolve remaining in our
necessary. the complaint so that no further
action is
Sincerely,
Melanie E. La Rocca
Commissioner
build sofe live sofe
Sg:4/20
FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023
P.O. Box 2339
Peck Slip Station
New York NY 10272-2339
OATH
HearingsDivision
Mailing date of this order: 02/09/2022
Respondent: SEIMON JACOB
Summons # : 035536579L
2/472
SHIMON JACOB
1670 44TH ST
BROOKLYN NY 11204-1048
DECISION BASED ON FAILURE T