OATH Glossary

Aggravated I:  Aggravated I penalties may be imposed when the same condition has been charged in a prior enforcement action against the same party during the previous three years (1 RCNY 102-01).  A violation with aggravating conditions may result in higher than standard penalties.

Aggravated II: Aggravated II penalties may be imposed if:

  1. The respondent is found in violation of any law or rule enforced by the Department of Buildings where the violation of law is accompanied by or results in a fatality or serious injury or where the violating condition affects a significant number of people; or

  2. The respondent refuses to give the Department of Buildings requested information necessary to determine the condition of a building or site; or

  3. The respondent has a history of non-compliance with laws or rules enforced by the Department of Buildings at one or more locations, including but not limited to a pattern of unreasonable delays in correcting violations, a pattern of failing to obey Stop Work Orders, filing false documents, or multiple defaults.

Cure: The hearing and penalty are waived when the respondent admits guilt and has satisfactorily corrected the violation by the Cure Date indicated on the violation.

Infraction Code: The specific infraction cited by the Department of Buildings inspection unit. There is at least one infraction code for every violation cited.

Section of Law: This is the section of the NYC Construction Codes, Zoning Resolution, or Rules of the City of New York which the respondent has violated.

Violation Description: This includes detailed information on the violating condition(s) as well as specific locations of where the Inspector observed the condition(s).

Remedy: This is a suggestion on how to correct the violation. There may be other ways to correct the violation. Consult a licensed tradesperson, architect, or engineer to identify possible options.

Stipulation: An agreement with the Department whereby the respondent admits guilt in exchange for additional time (75 days) to correct the violation. If the respondent agrees to the stipulation prior to the scheduled hearing, a reduced penalty (one-half standard penalty) will be imposed.  If eligible, a Stipulation Offer will be mailed by OATH to the respondent.

Penalty: The board-approved amount owed for the violation.

Mitigated Penalty: A reduced penalty (generally one-half) imposed for a violation when the respondent has satisfactorily corrected the violation prior to the first scheduled hearing.

Default Penalty: This is the penalty imposed by OATH for failure to appear at a scheduled hearing for the violation. Default penalties are generally five times the board approved standard.

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