People v. Hecht

OPINION OF THE COURT

Carol H. Arber, J.

Defendant Arthur Hecht filed a motion to dismiss the summons issued by the Buildings Department charging him with a violation of section C26-121.5 of the Administrative Code of the City of New York. Specifically he is charged with changing the occupancy of his apartment to a doctor’s office without securing a change in the certificate of occupancy.

Before addressing the legal issues presented here, it is important to examine the facts. Dr. Hecht, the defendant, and his wife Pauline G. Hecht (also a physician) are and have been tenants of apartment 2H at…