NYC Administrative Code

§ 28-204.5 — False statements in certification of correction.

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What is NYC AC § 28-204.5?

Quick Answer

This section addresses the consequences of filing a false certification of correction related to a violation. If the Environmental Control Board determines that a certification contained material false statements, it becomes null and void, allowing penalties for the original violation to be imposed. Applies to building owners submitting certifications of correction.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-204.5 False statements in certification of correction.

AC § 28-204.5

For the purposes of this section, if the environmental control board finds that a certification of correction filed pursuant to section 28-204.2 contained material false statements relating to the correction of a violation, such certification of correction shall be null and void and the penalties set forth in this code for the violation may be imposed as if such false certification had not been filed with and accepted by the department. It shall be an affirmative defense that the respondent neither knew nor should have known that such statements were false. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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