Inspectors from the DOB have the power to declare your valuable property as uninhabitable due to the discovery of a violation or lack of compliance with the law. Violations issued by the ECB and DOB have the potential to be accompanied by fines, further penalties, loss of rental income, and much more.
Generally, an ECB and DOB violation is issued when a property is not in compliance with the law, construction codes, or zoning regulations. For example DOB violations may be issued for a variety of reasons such as: lack of adequate heating, lack of clean water, building code violations, electrical code violations, pests such as rodents or insects, gas leaks, other environmental issues and much more. ECB violations may appear as a nuisance for landlord and construction personnel when issued but be careful to diligently follow up with the violation and resolve the issue otherwise it will not only waste your time but also your money. For example a fine or penalty could be imposed for an existing violation of a building code, but also for everyday that the violation is not corrected.
Further, according to the latest DOB enforcement bulletin, the DOB seeks to deter bad actors in the construction industry through the enforcement of safety laws and codes of conduct for construction personnel [1]. As of January 2019, the DOB took a number of major enforcement actions in regards to illegal building alterations, illegal transient use of buildings, failure to safeguard constructions sites, and failure to carry out duties as construction superintendents [2].
As mentioned earlier, ECB and DOB violations can become costly and time consuming if not handled properly. ECB and DOB cases are not heard in a traditional courthouse like other legal matters, instead such matters are heard in administrative hearings that are handled by the Office of Administrative Trials and Hearings (OATH). Some violations may be easily resolved such as filing a certificate of corrections with the DOB, but other violations may be more complex.
The information above is intended to provide limited information only and is not legal advice. The laws relating to ECB and DOB violations are complex. If you are a party to a matter concerning ECB or DOB violations, or otherwise need further guidance in this or a related area of law, SINGH & RANI, LLP can assist you.
[1] https://www1.nyc.gov/assets/buildings/pdf/0119_enforcement_action_bulletin.pdf
[2] Id.
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