ECB Violations
ECB violations (OATH) 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 ECB 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 ECB 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).
(1) IMMEDIATELY HAZARDOUS VIOLATION. Immediately hazardous violations are those specified as such by the New York City Construction Codes, or those where the violating condition poses a threat that severely affects life, health, safety, property, the public interest, or a significant number of persons so as to warrant immediate corrective action, or, with respect to outdoor advertising, those where the violation and penalty are necessary as an economic disincentive to the continuation or the repetition of the violating condition. Immediately hazardous violations shall be denominated as Class 1 violations.
(2) MAJOR VIOLATION. Major violations are those specified as such by the New York City Construction Codes or those where the violating condition affects life, health, safety, property, or the public interest but does not require immediate corrective action, or, with respect to outdoor advertising, those where the violation and penalty are appropriate as an economic disincentive to the continuation or the repetition of the violating condition. Major violations shall be denominated as Class 2 violations.
(3) LESSER VIOLATION. Lesser violations are those where the violating condition has a lesser effect than an immediately hazardous (Class 1) or major violation (Class 2) on life, health, safety, property, or the public interest. Lesser violations shall be denominated as Class 3 violations.
DOB Violations
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.
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.
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