We have resolved over 500 ECB, DOB, and FDNY violations for our clients in the past 3 years. The importance of resolving violations reflect on the process of selling a building, amending the certificate of occupancy, lifting a stop work order or vacate order, removing a job on hold or fixing audit objections. The benefit of also receiving the certificate of correction for violations, is to clear the building of open violations and penalties, as well as the possibility of lowering the penalty of the infraction at the ECB OATH hearing.

 

Our process of resolving violations that the Department of Buildings may issue on your buildings, may include: job filings of corrective work, obtaining permits, Post Approval Amendments, or providing any other proof of compliance to the Department of Buildings to obtain the certificate of correction.

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ECB OATH HEARINGS

When there is a court date on a violation, our goal is to make all corrections before the first hearing date, if possible. This avoids higher penalty amounts, and repetitive violations being issued.

Certain class 2 or 3 violations issue a CURE date which we always strive to correct with the department of buildings by or on that date; so no penalty or court hearing date attendance is necessary.

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The penalty imposed on a summons is based on the infraction code and class of the violation, stipulation, if mitigation is offered, if the violation is in default, or an aggravated offense I or II.

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Class 1 violations are the hazardous violations that require immediate correction to avoid further fines or problems. Hazardous violations affect the building, property, people, and tenants. Most class 1 violations are associated with WORK WITHOUT PERMIT violations, Stop Work Orders, and Vacate Orders. These can also include the City's emergency shut off of services such as water, gas, and electrical, if a situation is that severe. All Class 1 violations are subject to additional fines from DOB if not corrected in the system by 80 days: "failure to certify class 1 violation." These fines are $1,500 for a one & two-family dwelling, or any other building type is $3,000 to $5,000 and must be paid. 

Work Without Permit violations also require additional fines in order to obtain the permit. Most job types have a wwp penalty of 21x the job fee cost with a minimum of $6,000 to a maximum amount due of $15,000 which must be paid under the job in order to obtain any permits on the building. 

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Class 2 & 3 violations are less severe but still require correction and certification from the Department of Buildings. Most of these violations have cure dates, as well as mitigated penalties which can cut the penalty in half if the violation is corrected by the first hearing date.

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DOB Violations

Boiler: can be issued for failure to file an annual yearly boiler inspection report or issued as a late fee.

Benchmark: Can be issued for failure to file an annual yearly benchmark report, or a late fee

Class 1 violation: Failure to certify correction for a class 1 violation. These are issued after 80 days of an ECB class 1 violation that has not been complied with or failure to certify with the DOB. These fines are $1,500 for one & two-family dwelling, or any other building type is $3,000 to $5,000 and must be paid. 

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Work Without Permit: A required penalty to be paid when a violation is issued for work without a permit. Can be for all types, OT, PL, MH, Electrical, and even after-variance or Saturday Permits.

Elevator & Construction Violations: We have to request copies of from the Department of Buildings. These are corrected like any other violation.

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For all penalty costs and payment, as well as resolving violations, please contact our office and we can assist you. We offer all services for resolving violations, attending court hearings, expediting, filing with the Department of Buildings, and obtaining permits, etc.

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