How to Resolve a Violation

How to Resolve a Violation

Resolving a Violation

The City issues summonses to property owners that are settled at the Office of Administrative Trials and Hearings (OATH). These are commonly referred to as Environmental Control Board violations. Read any summons you receive carefully, and/or consult with your lawyer or another professional familiar with summonses.

The summons should provide the following information: 

  • the date and place where the violation occurred;

  • the specific law that was violated;

  • a brief description of the circumstances that surrounded the violation;

  • the required remedy to the violation;

  • an order from the Department of Buildings or FDNY Commissioner on the timeline to file a Certificate of Correction; and

  • the hearing date at OATH.

If you learn that your tenant has been using an apartment for unauthorized short-term rentals, notify the tenant immediately that their conduct is illegal. With a new tenant, you can include a clause in the lease specifically prohibiting short-term rentals, along with a prohibition on subletting without your permission. Consult with your lawyer about possible legal remedies like a court-ordered injunction against the activity. Do not evict the tenant through a self-imposed method, such as locking them out of their apartment.

For more information about resolving a Summons, visit the Department of Buildings and the Fire Department of New York websites. The Department of Buildings also hosts weekly Homeowners' Night informational sessions for residents to meet with Department representatives.

Lifting a Stop Work Order

Requests to lift a Stop Work Order (SWO) must be made in writing and sent to:
 
Diane Leonard
Mayor's Office of Special Enforcement
22 Reade Street
New York, NY 10007  
dleonard@cityhall.nyc.gov
Fax: 212-788-6834

*No work should be done until the SWO is lifted.*
Violation of the SWO will result in additional violations and civil penalties. The request must state your authority to request such an inspection as well as contact information. In addition, the following items must be provided: 

  1. Documentation which verifies application to correct summonses. Include copies of approved plans, permits, and permits of assembly where applicable;

  2. A current Certificate of Occupancy (C of O) for the building. C of O compliance will be checked on ALL requests;

  3. If a permit or job application is on file to address the violation, supply a copy of the approved plans;  

  4. Full contact information for building ownership and management; and

  5. Proof that all outstanding DOB administrative penalties have been paid (if applicable);
Lastly, Certificates of Correction for Summonses issued by OSE must be filed and accepted at the DOB Administrative Enforcement Unit.

Lifting a Vacate Order

Requests to lift a Vacate Order must be submitted by the property owner in writing and sent to:

Diane Leonard
Mayor's Office of Special Enforcement
22 Reade Street
New York, NY 10007  
dleonard@cityhall.nyc.gov
Fax: 212-788-6834

Certificates of Correction for the summonses that are issued in conjunction with the Vacate Order must be filed and accepted at the DOB Administrative Enforcement Unit. If work that requires a permit needs to be done to correct the violating conditions in conjunction with the Vacate Order, please submit copies of approved DOB plans and permits for such work. Compliance with all building and fire codes is required upon re-inspection to avoid further violations.