Understanding The Different Types of Violations on NYC Real Estate

There are numerous types of violations in New York City. Three of the most common are HPD, DOB, and ECB violations. Below you will find a basic breakdown of each of these violations, what they mean, and what action should be taken.

HPD Violations

A Department of Housing Preservation and Development Violation, better known as an HPD violation, is issued when building codes are not complied with. These types of violations are not heard through the Environmental Control Board (ECB) and have unique requirements for being resolved. In most cases, a Notice of Violation will be sent to the property but there are exceptions.

An HPD violation is issued with a class designation that determines the timeframe for correction and the penalty for not completing the correction. The classes are as follows:

  • C – Immediately Hazardous. Depending on the specifics, it will be issued with either 24 hours or five days given for correction. There are two exceptions: lead and window guard corrections get 21 days, while heat and hot water violations must be handled immediately. The penalty for not immediately correcting heat and hot water issues is $250 per day. This is ERP eligible.
  • B – Hazardous. This violation comes with 30 days or five days for correction, depending on the specific violation. Civil penalties and litigation are potential penalties.
  • A – Non-Hazardous. For this violation, 90 days or 14 days are allotted for correction, depending on the specifics. Potential penalties include fines and civil lawsuits.
  • B – Hazardous – Order to Correct. The time to correct this will vary from immediately to months. Penalties include civil penalties and municipal litigation.

The Notice of Violation will always include the time period designated for correction. The entity making the correction must then complete it within that time frame and either mail a CIV-194 or perform eCertification to show they have made the necessary changes.

DOB Violations

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.

ECB Violations

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).

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