The NYC Construction Codes require owners to build and maintain their properties in safe condition. Inspectors issue Department of Buildings (DOB) Violations or Environmental Control Board (ECB) Notices of Violation when property or construction doesn’t comply with the Construction Codes, NYC Zoning Resolution and other applicable laws and rules. Open violations can prevent an owner from selling or refinancing.
As with ECB violations, DOB violation information is public and will appear in a property title search. Open violations can prevent an owner from selling or refinancing. The Department will not issue new or amended Certificates of Occupancy or Letters of Completion when DOB violations remain active.
Some DOB violations may have fines attached, such as failure to file required annual boiler or elevator reports. However, there is no court appearance associated with a DOB violation. DOB violations issued for serious conditions may result in a Criminal Court summons being issued and prosecution.
The most commonly issued violation is the OATH/ECB Notices of Violation/Summonses. There are three classes of OATH/ECB Violation/Summonses:
OATH/ECB Violation/summonses information is included in the online Buildings Information System (BIS) and appears in property title searches. Open – or uncorrected – violations/summonses can prevent an owner from selling, refinancing, obtaining a new Certificate of Occupancy or Letter of Completion for their property.
The Buildings Information System (BIS) provides complaint, violation/summons and background information on nearly all of the 975,000 properties under the Department’s jurisdiction.