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Nacmias Law Firm, PLLC

OATH Violations

DOB Violation Defense

We defend property owners, contractors, and developers against NYC Department of Buildings violations — Class 1, 2, and 3 — under Title 28 Construction Codes. Certificate of Correction filings, OATH hearings, and motion-to-vacate practice across all five boroughs.

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Overview

What you need to know about DOB Violation.

The basics, what we do, and the issues we see most.

What is a NYC DOB violation, and what are my options?

Quick Answer

A DOB violation is a notice from NYC's Department of Buildings — issued for unpermitted work, unsafe conditions, or other Construction Code issues. A summons is not the end. By class, options include filing a Certificate of Correction, contesting the inspector's finding at OATH, or reopening a default within 75 days.

Services we offer for DOB Violation.

DOB violations move on tight clocks — Class 1 conditions often require correction within 24 hours; OATH hearings are typically scheduled 4-8 weeks after issuance. Here's what we do for property owners, contractors, and developers facing DOB summonses.

  • Defend Class 1, 2, and 3 violations under Title 28 Construction Codes
  • File Certificates of Correction via DOB NOW: Safety and BIS with photo packages, sworn statements, and per 1 RCNY § 102-01
  • Defend immediately-hazardous Class 1 violations with $1,500–$25,000 penalty exposure
  • File OATH appeals within 30 days; pursue Article 78 in NY Supreme Court when administrative remedies are exhausted
  • File Motions to Vacate Default within the 75-day window under 48 RCNY § 6-21
  • Manage multi-violation portfolios for property owners with multiple open violations across one or more buildings

Scenarios we see most.

  • Work without permit (the most common DOB violation type)
  • Illegal conversions and unauthorized occupancies
  • Stop-work orders and post-completion inspection failures
  • Certificate of occupancy issues (especially before refinancing or sale)
  • Façade Local Law 11 / FISP filings and inspection violations
  • Elevator and boiler-inspection violations
  • Class 1 (immediately hazardous) violations with 24-hour correction deadlines
  • Defaulted hearings requiring motion to vacate within 75 days

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

DOB, FDNY, DEP, DSNY citations across residential and mixed-use portfolios.

Contractors & Developers

Work-without-permit, stop-work orders, and post-completion inspections.

Restaurants & Retail

DOHMH letter-grade hearings, FDNY suppression-system summonses, DCA licensing.

Co-op & Condo Boards

Façade Local Law 11, elevator inspections, building-wide compliance matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Review violation and BIN history (DOB Property Profile)

  2. 2

    Step 2 of 5

    Identify defenses and Certificate-of-Correction path

  3. 3

    Step 3 of 5

    File Certificate of Correction or motion practice

  4. 4

    Step 4 of 5

    Represent at OATH hearing or negotiate stipulation

  5. 5

    Step 5 of 5

    Coordinate post-resolution compliance and follow-up

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What's the difference between a DOB violation and an OATH summons?

A DOB violation is the underlying citation issued by the NYC Department of Buildings under Title 28 of the Administrative Code. An OATH summons (Notice of Violation) is the hearing notice that schedules adjudication at the Office of Administrative Trials and Hearings. The same violation can carry both a code-correction obligation (filed with DOB) and a penalty proceeding (resolved at OATH). Most successful defenses combine both — a Certificate of Correction with DOB plus a hearing strategy at OATH.

Question 2

What's the difference between Class 1, 2, and 3 violations?

NYC DOB violations are classified by hazard level. Class 1 ("immediately hazardous") carries the highest stakes — standard penalties commonly $2,500–$10,000, with default and aggravated penalties up to $25,000 per violation and daily penalties for conditions left uncorrected. Class 2 ("major") covers most code violations — standard penalties typically $1,250–$2,500, escalating to $10,000 on default or aggravation. Class 3 ("lesser") includes paperwork and certificate-renewal lapses — $200–$500. The penalty schedule is set by 1 RCNY § 102-01(k). Class 1 conditions also have 24-hour correction deadlines.

Question 3

How much does it cost to fight a building-code violation?

Flat fees for routine DOB defense typically range $500–$1,500 for Class 3 (lesser) violations and $1,500–$2,500 for standard Class 2 matters. Class 1 (immediately hazardous) violations or multi-violation portfolios are quoted on consultation, often $2,500–$7,500+. We offer flat-fee bundles for property owners with multiple open violations across one or more buildings, and free initial consultations to scope the matter.

Question 4

What's a Certificate of Correction and how do I file one?

A Certificate of Correction (CofC) is the formal DOB filing that certifies a violating condition has been corrected. Required documentation includes pre- and post-correction photos, proof of permits where work was required, and a sworn statement. Filing happens through DOB NOW: Safety (for Local Law 11 / façade) or BIS (legacy system) for most other categories. A defective or rejected CofC keeps the violation open and penalties accruing — most rejections come from missing photos, wrong work classification, or unpermitted-work disclosures.

Question 5

What happens if I miss the deadline to respond to a DOB NOV?

Missing your OATH hearing for a DOB violation results in a default decision sustaining the violation at the maximum statutory penalty. You have 75 days from the default decision to file a Motion to Vacate the Default at OATH (48 RCNY § 6-21), showing both excusable default and a meritorious defense. After 75 days, the only remedy is an Article 78 proceeding in NY Supreme Court — significantly more procedurally demanding and expensive. The first step on a missed hearing is always to check OATH's Appearance Search to confirm the default date.

Question 6

How do I check if my property has open DOB violations?

NYC Department of Buildings publishes all open and closed violations by Building Identification Number (BIN) at the DOB Property Profile (a810-bisweb.nyc.gov). For each violation, the listing shows the violation class, description, status (open/closed), and any associated OATH hearing dates. Cross-reference with OATH's ECB Appearance Search for current hearing status and any defaults. Many small property owners discover open violations only when refinancing or selling — a routine annual check prevents surprises.

Question 7

Can I represent myself at an OATH hearing?

Yes — OATH allows pro se representation, and OATH's Help Center provides assistance to unrepresented parties. However, DOB hearings turn on technical code interpretations, inspector-finding challenges, and procedural defenses that an experienced attorney is positioned to raise. For Class 1 violations or any matter with $5,000+ in penalty exposure, the cost of representation is usually justified by penalty reduction or dismissal.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

Article

NYC DOB Certificate of Correction: New DOB NOW Safety Portal Launches December 2025

The new DOB NOW: Safety portal is live as of December 15, 2025. Learn the 5 key changes, step-by-step submission process, and how to avoid the 20 common disapproval reasons.

DOB NOW SafetyCertificate of CorrectionCOC
Read articleOpen
Article

What Are the Critical NYC DOB Updates for December 2025?

NYC property owners face urgent DOB deadlines: a historic basement legalization program, year-end inspection reports due December 31st, and the new 2025 Electrical Code effective December 21st. Here's what you need to know.

DOB updates December 2025basement legalization NYCNYC building inspections
Read articleOpen
Article

Understanding DOB Violations: A Complete Guide

Your complete guide to understanding, navigating, and resolving NYC Department of Buildings violations with confidence. Learn about violation classes, penalties, and resolution strategies.

DOB violationsNYC building codeviolation classes
Read articleOpen
Article

What Happens If You Buy a NYC House With an Illegal Basement Apartment?

You bought a NYC home and the basement unit was never legal. Here is how the violation surfaces, why it is now yours, and the realistic paths forward.

illegal basement apartmentdob violationscertificate of occupancy
Read articleOpen
View all guides
External

Department of Buildings (DOB)

The Department of Buildings ensures the safe and lawful use of over 1 million buildings and properties in New York City by enforcing the Cit

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DOB violation in hand?

Class 1 conditions need attention within 24 hours. Class 2/3 hearings are typically 4-8 weeks out. Same-day case review during business hours.

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Or email us

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An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters