How to Correct DOB Violations
Learn the three main strategies for correcting DOB violations and reducing or eliminating penalties: Cure, Stipulation, and Mitigation.
Three Ways to Correct Violations
Depending on your violation type and circumstances, you have different options for resolving your DOB violation.
Cure
Best Outcome
$0 Penalty
Correct the violation and pay nothing.
Requirements
- • Available for Class 2 & 3 violations
- • Must correct within 60 days
- • Submit proof of correction
- • May require re-inspection
Stipulation
Negotiated Outcome
Reduced Penalty
Agree to a lower penalty amount.
Requirements
- • Admit to the violation
- • Negotiate with OATH
- • Pay agreed amount
- • Avoid full hearing process
Mitigation
Hearing Outcome
50% Reduction
Present mitigating circumstances at hearing.
Requirements
- • Attend the hearing
- • Present mitigating evidence
- • Show good faith efforts
- • ALJ discretion
Detailed Correction Procedures
Step-by-step instructions for each correction method.
Cure Procedure (Zero Penalty)
Step 1: Assess Violation
- • Review the Notice of Violation
- • Understand what needs to be corrected
- • Determine if cure is available
- • Check the 60-day deadline
Step 2: Correct the Condition
- • Hire licensed contractors if needed
- • Obtain required permits
- • Complete all necessary work
- • Ensure code compliance
Step 3: Document Correction
- • Take before and after photos
- • Collect contractor invoices
- • Gather permit approvals
- • Obtain inspection reports
Step 4: Submit Proof
- • File certificate of correction
- • Submit all documentation
- • Request re-inspection if needed
- • Pay $0 penalty upon approval
Important Note
Cure is only available for Class 2 and Class 3 violations. Class 1 violations cannot be cured and must go to hearing.
Stipulation Procedure (Reduced Penalty)
Step 1: Contact OATH
- • Call OATH before your hearing
- • Express interest in stipulation
- • Understand the process
- • Gather required information
Step 2: Negotiate Terms
- • Admit to the violation
- • Present mitigating circumstances
- • Negotiate penalty reduction
- • Agree on payment terms
Step 3: Execute Agreement
- • Sign stipulation agreement
- • Pay agreed penalty amount
- • Avoid hearing process
- • Resolve case efficiently
Benefits
- • Lower penalty than hearing
- • No hearing attendance required
- • Faster resolution
- • Certainty of outcome
Mitigation Procedure (50% Penalty Reduction)
Step 1: Prepare Evidence
- • Document correction efforts
- • Gather mitigating circumstances
- • Collect supporting documentation
- • Prepare witness statements
Step 2: Attend Hearing
- • Arrive on time
- • Present your case professionally
- • Show evidence of good faith
- • Demonstrate compliance efforts
Step 3: Present Mitigation
- • Explain extenuating circumstances
- • Show financial hardship if applicable
- • Demonstrate compliance history
- • Request penalty reduction
Common Mitigating Factors
- • First-time violation
- • Prompt correction efforts
- • Financial hardship
- • Good compliance history
Important Considerations
Key factors to consider when choosing your correction strategy.
Decision Factors
Timing is Critical
Cure must be completed within 60 days. Stipulation and mitigation must be pursued before or at the hearing. Acting quickly gives you more options.
Cost vs. Benefit Analysis
Consider the cost of correction work, legal representation, and potential penalty savings. Sometimes the cure cost exceeds the penalty amount.
Legal Representation
An experienced attorney can help you choose the best strategy, negotiate better stipulation terms, and present effective mitigation arguments.
Need Help Choosing?
Our experienced attorneys can help you determine the best correction strategy for your specific violation and circumstances.
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Key Takeaways
Cure is best - correct the violation and pay nothing
Stipulation saves time - avoid hearing with negotiated penalty
Mitigation requires hearing - but can reduce penalty by 50%
Legal help improves outcomes - regardless of strategy chosen