An ECB violation is a summons issued by a New York City agency such as the Department of Buildings that carries a monetary penalty and is decided at a hearing before the Office of Administrative Trials and Hearings (OATH). The name comes from the Environmental Control Board, the tribunal that used to hear these cases before it was folded into OATH. DOB records, title searches and lenders still call them ECB violations, and you will see "ECB," "OATH" and "DOB-ECB" used interchangeably. They all mean the same thing: a ticket with a hearing date and a fine attached.
ECB violation vs. DOB violation
The two are often confused because a single inspection can produce both. A DOB violation is the department's notice that a condition does not comply with the Building Code, the Zoning Resolution or DOB rules. It stays open on the property's record until the condition is corrected and the violation is dismissed. Many DOB violations carry no fine of their own, though some come with a DOB civil penalty that has to be paid before the violation is removed. An ECB/OATH violation is the summons that comes with a penalty and a hearing. For work without a permit, for example, the inspector typically writes a DOB violation for the condition and an OATH summons for the offense.
Resolving one does not resolve the other. Paying the OATH penalty does not close the DOB violation. It does not close the summons on the property's DOB record either: DOB keeps a summons open until it is dismissed at a hearing or DOB accepts a certificate of correction.
Classes and what they mean
DOB-issued OATH summonses are classified by severity:
- Class 1, immediately hazardous. Conditions that threaten life, health, safety or property severely enough to need immediate action. Class 1 summonses must be corrected immediately and a certificate of correction filed with DOB. On sites other than one- to four-family homes, a Class 1 summons that is not certified as corrected also brings a DOB civil penalty of at least $5,000 and re-inspections every 60 days.
- Class 2, major. Conditions that affect life, health, safety, property or the public interest but do not need immediate corrective action.
- Class 3, lesser. Violations with a lesser effect than those in Class 1 or Class 2.
The class drives the penalty. The Buildings penalty schedule that OATH applies sets a standard amount for each offense, with different amounts for a default and for a repeat offense, and it marks some summonses as curable: corrected and certified by the cure date, they are resolved without a hearing. Respondents who do not cure, pay or attend the hearing face default penalties of up to $25,000, depending on the violation.
What happens after the summons is issued
The summons lists a hearing date. The respondent (usually the owner, sometimes the contractor or a licensed professional) has three basic options:
- Correct and certify. Fix the condition, then submit a certificate of correction to DOB through DOB NOW: Safety, with photographs and supporting documents. If the summons is curable and the certificate is accepted by the cure date, it is resolved without a penalty. For Class 1 items a certificate of correction is always required.
- Contest the summons. Take part in the OATH hearing, by phone, online, by mail or in person on request depending on the summons, and present a defense. If the hearing officer finds the charge is not proven, the summons is dismissed.
- Admit and pay. Pay the penalty before the hearing date. Paying is an admission of the violation, and it does not clear the summons from the property's DOB record or close a related DOB violation.
Ignoring the summons is the worst option. A default brings a higher penalty, the Department of Finance collects unpaid judgments, and a DOB judgment can be converted into a tax lien that appears on the property tax bill. OATH grants a first request to reopen a missed hearing made within 75 days, and later requests need a reasonable excuse.
How ECB violations affect a property
- Sales and refinancing. Title companies search for open summonses and judgments. Unpaid penalties show up as exceptions and often have to be paid or escrowed at closing.
- New permits. Open Class 1 items and unresolved stop-work orders can block approval of new filings, and open items in general are flagged during plan examination.
- Sign-off. A Letter of Completion or Certificate of Occupancy will not be issued while related violations remain open.
- Contractors and licensees. Summonses issued to a contractor or a professional go on their record with DOB and can affect registrations and licenses.
How to look one up
OATH's Summons Finder searches summonses by address, name or summons number and shows the hearing details and any amount owed. DOB's Buildings Information System (BIS) lists ECB violations on the property's record with their status. The free property report on our site checks NYC Open Data for any NYC address and shows how many DOB and ECB violations are open and any ECB balance due, which is a useful first check before buying, financing or filing.
Clearing an ECB violation
The right path depends on the summons. In most cases it is a combination of correcting the condition (which may itself require a permit), documenting the correction properly, filing the certificate of correction and, where the summons is contested, the OATH hearing. Old summonses that were corrected years ago but never closed are common on older buildings and can often be resolved with the right paperwork. We handle the research and the paperwork under our violation research and violation removal services, help you prepare for any hearing, and coordinate any permits the correction work needs.