Understanding DOB Violations: A Complete Guide
Your complete guide to understanding, navigating, and resolving NYC Department of Buildings violations with confidence.
3 Classes
Violation severity levels
$100-$25K+
Penalty range
4 Options
Resolution strategies
60 Days
Typical correction period
Navigating NYC DOB violations can be complex and costly. This comprehensive guide explains how violations are classified, what penalties you might face, and why having experienced legal representation is crucial for reducing, fighting, or potentially dismissing penalties entirely.
What you'll learn in this guide:
Safety First
Violations are issued to protect public safety, ensure structural integrity, and maintain building code compliance across NYC.
Legal Process
Each violation follows a structured legal process with specific timelines, hearing requirements, and resolution options.
Violation Classes Explained
Understanding violation classes is crucial for determining your strategy and timeline for resolution.
The DOB Violation Process
Understanding the timeline helps you make informed decisions at each step.
Resolution Strategies
Your path to minimizing penalties depends on your violation class and how quickly you act.
Resolution Strategies
Detailed information about available options for resolving your DOB violation
Attend the Hearing and Present Defenses
What You Can Do:
- Present procedural defenses (notice, service, charging language issues)
- Challenge evidence gaps and weak proof from the issuing agency
- Demonstrate cure or mitigation with dated photos, invoices, or approvals
- Argue wrong party or scope if you're not the correct respondent
- Present settlement positioning for penalty reduction when dismissal isn't realistic
- Preserve issues for appeal and handle all paperwork and deadlines
- Most hearings can be handled remotely by phone without your appearance
Cure
What You Can Do:
- Correct the violation within the specified timeframe
- Submit proof of correction to the Department of Buildings
- Pay zero penalty if correction is accepted
- Must demonstrate compliance with all applicable codes
- May require re-inspection by DOB personnel
Stipulation
What You Can Do:
- Negotiate a reduced penalty with OATH
- Admit to the violation with mitigating circumstances
- Pay reduced penalty amount as agreed
- Avoid full hearing process and associated costs
- Complete payment within stipulated timeframe
Mitigation
What You Can Do:
- Present evidence of mitigating circumstances
- Demonstrate good faith efforts to comply
- Show financial hardship or other valid reasons
- Request penalty reduction at hearing
- May result in 50% penalty reduction if approved
Next Steps
- • Review all available options above
- • Gather necessary documentation for your chosen strategy
- • Consider consulting with a legal professional
- • Act promptly to meet any deadlines
- • Keep records of all communications and submissions
Additional Resolution Options
Special procedures for specific situations that may arise during the violation process.
Reschedules
When Available:
One reschedule is allowed before the first hearing date.
Requirements:
- • Must be requested before original hearing date
- • Valid reason required (work conflict, medical emergency, etc.)
- • No additional fees for first reschedule
Process:
Contact OATH at least 24 hours before your hearing to request a reschedule.
Adjournments
When Available:
Only for good cause and you must attend the hearing.
Requirements:
- • Must demonstrate good cause
- • Must appear at the scheduled hearing
- • ALJ (Administrative Law Judge) discretion
- • Additional documentation may be required
Good Cause Examples:
- • Medical emergencies
- • Death in family
- • Need for additional evidence gathering
Vacate Default
When Available:
If you missed a hearing date and received a default judgment.
Requirements:
- • Must show excusable default
- • Must demonstrate meritorious defense
- • Must act within reasonable time
- • Legal representation recommended
Next Steps:
View Default Violation GuideUnderstanding Penalties
Penalties vary based on violation severity, your response, and compliance history.
Understanding Penalty Types
Different penalty classifications and their implications for your DOB violation
DOB violations carry different penalty amounts depending on the violation class and circumstances. Understanding these penalty types helps you make informed decisions about how to proceed with your violation.
Standard Penalty
The base penalty amount for the violation as determined by the violation class. This is the starting point before any reductions or increases are applied.
Penalty Range: Varies by violation type
When Applied: Default penalty if no other options are pursued
Default Penalty
The maximum penalty applied when you fail to take action on your violation or miss your scheduled hearing. This is significantly higher than the standard penalty.
Penalty Range: 5x standard penalty
When Applied: When no action is taken or hearing is missed
Important: This can be avoided by responding to your violation notice promptly
Aggravated I Penalty
An increased penalty applied when certain aggravating circumstances are present, such as repeat violations or failure to comply with previous orders.
Penalty Range: 2x standard penalty
When Applied: First level of aggravated penalty for repeat or serious violations
Aggravated II Penalty
The highest level of aggravated penalty applied for the most serious violations or when multiple aggravating factors are present.
Penalty Range: 3x standard penalty
When Applied: Second level of aggravated penalty for serious or repeated violations
Key Points to Remember
- Early Action: Responding quickly to your violation notice can help you avoid default penalties and explore cure or stipulation options.
- Legal Representation: An experienced attorney can help you understand your options and potentially reduce your penalties through proper strategy.
- Compliance History: Your past compliance record affects which penalty level applies to your violation.
- Violation Class: Class 1 violations cannot be cured and typically face higher penalties, while Class 2 and 3 violations offer more resolution options.
DOB Frequently Asked Questions
Quick Actions
Key Takeaways
Class 1 violations require immediate action and cannot be cured
Class 2 & 3 violations offer cure and stipulation options
Early action significantly reduces penalties
Missing hearings results in 5x default penalties
Ready for next steps?
Send us your summons for a quick, no-pressure review. Here's what my team will do:
- Deadline check & hearing plan — We calendar your date, request the phone appearance, and confirm you don't need to attend unless we say otherwise.
- Dismissal/Reduction strategy — We identify any procedural defenses, confirm any cure/mitigation angles, and outline the most realistic outcome.
- Evidence only if needed — Unless we ask you for specific items (e.g., dated photos, invoices, permits), you don't need to upload or send anything.
- Representation — We appear remotely, present the defense, and pursue the best result available: dismissal, cure/mitigation credit, or penalty reduction.
- Decision & next steps — We deliver the written decision and, if appropriate, handle an appeal.