IV · Close-out
Violation Removal
We work through open DOB and ECB violations and stop work orders so they stop blocking a sign-off, a sale or a new permit.
When you need it
When open DOB or ECB violations are holding up a sign-off, a sale, a refinance or a new permit. They can be recent, or they can be old. Violations that were corrected years ago but never closed are common on older buildings, and many can be dismissed with the right paperwork.
A DOB violation is removed by correcting the condition and giving the issuing unit proof of the correction, together with any DOB civil penalty that applies. An ECB/OATH summons is decided at an OATH hearing, or admitted by paying the penalty. Paying does not clear it: the summons stays open on the property's DOB record until it is dismissed at the hearing or DOB accepts a certificate of correction. Class 1 summonses must be corrected immediately and a certificate of correction filed with DOB.
A stop work order is lifted by DOB once the cited conditions are corrected, the issuing unit has re-inspected and any civil penalties are paid. Where the order was for work without a permit, the permit has to be issued first. Which path fits depends on the record, so we start there.
What we do
-
Read the record
We start from the full DOB and ECB/OATH record for the property and sort the open items by type, class and penalty.
-
Correct and document
For each item we work out what it needs: correcting the condition (which may itself need a permit), proof of the correction, a dismissal request or a certificate of correction.
-
Prepare and follow through
We put the paperwork together, help you prepare for the hearing where there is one and follow each item until the record shows it closed.
Questions
How do I pay an ECB violation?
Pay the penalty on OATH's website (nyc.gov/oath) or at an OATH office, before the hearing date if you are admitting the violation. Paying settles the fine but does not clear the summons from the property's DOB record. That takes a certificate of correction accepted by DOB, which we prepare with the proof of correction.
Can I contest an ECB violation?
Yes. OATH holds the hearing, and depending on the summons you can take part by phone, online, by mail or in person on request. If the charge is not proven, the summons is dismissed. Miss the hearing and you are found in violation by default, with a higher penalty.
How do I get a stop work order lifted?
Correct the conditions DOB cited, request a re-inspection from the unit that issued the order and pay any civil penalties; DOB may also ask for certificates of correction on open violations. For work without a permit, the permit has to be issued before the order is rescinded. Until then, a full stop work order allows only the remedial work the Commissioner authorizes.
Can an old violation that was corrected years ago still be on my record?
Yes. Violations that were corrected long ago but never closed are common on older buildings. Many can be dismissed with the right paperwork.
What is a certificate of correction?
It is the submission that shows DOB a violating condition has been corrected, with photographs and supporting documents. For OATH summonses it is filed through DOB NOW: Safety, and it can go in any time after the summons is issued.
Can a default judgment be reopened?
Often, if you act soon. OATH grants a first request to reopen a missed hearing made within 75 days, and after that asks for a reasonable excuse. We review the summons and its history before we advise.
Does correcting the work need a permit?
It can. Correcting the condition may itself require a permit, and we coordinate any permits the correction work needs.
Tell us about your project.
Send the address and what you plan to do. We tell you which permits and filings the work needs and what we would prepare. The review is free.