ECB/OATH violations are issued when a property is not in compliance with construction codes or zoning resolutions as set out by the New York City Construction Codes or Zoning Resolution. The Department of Buildings issues the violation notices.
Each violation will include an order to correct the cited conditions and some may also include an additional order to certify said correction. The respondent has the option to challenge the violation at a hearing. If they are found in violation, then they may face penalties. Failure to appear at a requested hearing will result in penalties of up to $25,000.
There are three classes of ECB violations: Class 1 (Immediately Hazardous), Class 2 (Major), and Class 3 (Lesser).
A Department of Buildings Violation (DOB Violation) is a notice determining that a specific property is not in compliance with the law. A DOB Violation includes an order for correction from the Commissioner of the Department of Buildings, and is added to the Department’s Building Information System. In order for a new or amended Certificate of Occupancy to be obtained, the DOB violation must be corrected.
Each violation will include an order to correct the cited conditions and some may also include an additional order to certify said correction. The respondent has the option to challenge the violation at a hearing. If they are found in violation, then they may face penalties. Failure to appear at a requested hearing will result in penalties of up to $25,000.
Information about DOB violations is public and appears on a title search of a property. Any open violation could prevent the owner from refinancing or selling their property. There are more than 25 types of DOB violations.