How to Remove DOB Violations in NYC

If your NYC building has open DOB violations, you need to correct the underlying condition and get the violation resolved through DOB or OATH. This guide covers the step-by-step process for removing DOB violations, clearing ECB violations, and getting violations dismissed.

First, check what violations you have: Search DOB violations by address

Step 1: Identify Your Violations

Before you can remove DOB violations, you need to know exactly what you're dealing with. Use our free DOB violation search to look up your building by address. Note:

  • The violation type — DOB, ECB, DOB Safety, or HPD
  • The violation code — tells you what condition needs to be fixed
  • The status — open violations require action, closed violations are resolved
  • The severity — Class 1 (immediately hazardous) violations have the tightest deadlines and highest fines

Step 2: Correct the Condition

Every DOB violation is tied to a specific condition at the building. You must fix the underlying issue before the violation can be cleared. Common corrections include:

  • Work without permit: Stop work immediately, file the required permit with DOB, then complete the work under the permit
  • Failed inspection: Fix the deficiency (elevator, boiler, facade, etc.) and schedule a re-inspection
  • Illegal conversion: Restore the space to its legal use or apply for a change of occupancy
  • Failure to maintain: Make the required repairs and document the work
  • Unsafe condition: Hire a licensed professional engineer (PE) to assess and remediate the condition

For most violations, you'll need a licensed contractor to perform the corrective work. For structural or safety issues, a licensed professional engineer may need to certify the correction.

Step 3: Clear DOB Violations (Non-ECB)

For standard DOB violations (not referred to ECB), the process to remove the violation is:

  1. Correct the condition at the building
  2. Call DOB at 311 or (212) 393-2550 to request a re-inspection, or schedule through DOB NOW
  3. Pass the re-inspection — the DOB inspector will verify the condition has been corrected
  4. The violation status will be updated to closed after a successful re-inspection

Some violations can be cleared by filing a Certificate of Correction with DOB, which is a sworn statement that the condition has been corrected. This is common for violations related to permits and administrative compliance.

Step 4: Clear ECB Violations

DOB ECB violations are referred to OATH (Office of Administrative Trials and Hearings, formerly ECB) for penalty hearings. The process is different from standard DOB violations:

  1. Correct the condition before your hearing date if possible — this can significantly reduce fines
  2. Attend the OATH hearing at 100 Church Street, New York, NY 10007. You can also attend virtually.
  3. Bring proof of correction — photos, contractor receipts, permits, engineer certifications
  4. Pay the fine or negotiate a payment plan. Fines vary by severity class:
    • Class 1 (Immediately Hazardous): $2,500 — $25,000+
    • Class 2 (Hazardous): $1,000 — $10,000
    • Class 3 (Non-Hazardous): $500 — $5,000
  5. The violation resolves to closed once the fine is paid and the condition is corrected

How to Get DOB Violations Dismissed

In some cases, DOB violations can be dismissed without paying a fine:

  • Correct before the hearing: If you fix the condition and provide proof at or before your OATH hearing, the judge may reduce the fine to $0 or dismiss the violation (especially for first-time Class 3 violations)
  • Challenge the violation: If the violation was issued in error (wrong address, wrong building, condition didn't exist), you can contest it at the OATH hearing with evidence
  • Stipulation: For some violation types, DOB offers stipulation agreements where you agree to correct the condition within a set timeframe in exchange for a reduced or waived fine
  • Default judgment: If you miss your hearing, a default judgment is entered with the maximum fine. You can request a new hearing to vacate the default, but you must show good cause for missing the original date

How Long Does It Take to Remove DOB Violations?

The timeline depends on the violation type and how quickly you can correct the condition:

  • Standard DOB violations: Can be cleared in 1-4 weeks after correction, depending on re-inspection scheduling
  • ECB violations: 2-8 weeks from hearing date to resolution, depending on fine payment and proof of correction
  • Immediately hazardous violations: Require same-day or next-day correction. Re-inspection is prioritized.
  • Certificate of Correction: Must be filed within 35-90 days of the violation date, depending on the violation type

Can I Sell a Building with Open DOB Violations?

Yes, but open DOB violations will appear in any violation search and will likely be flagged during due diligence. Buyers typically negotiate a price reduction or require violations to be cleared before closing. Open ECB violations with unpaid fines can result in liens on the property.

Hiring Help

For complex violations or multiple open violations, consider hiring:

  • Licensed expediter: Specializes in navigating DOB paperwork, permits, and scheduling inspections. Typical cost: $500-$2,000 per violation.
  • Violations removal company: Handles the full process — correction, filing, and hearing representation.
  • Attorney: For contested violations, OATH hearings, or violations with fines over $10,000.

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