NYC Administrative Code

§ 28-219.1 — Department penalty for failure to certify correction.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-219.1?

Quick Answer

This section establishes penalties for property owners who fail to certify the correction of immediately hazardous violations related to construction sites. The Department may impose a penalty of up to $5,000, and no permits or certificates of occupancy will be issued until the penalty is paid. Applies to property owners with hazardous conditions at construction sites.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 28-219.1 Department penalty for failure to certify correction.

AC § 28-219.1

In addition to any penalties otherwise authorized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a construction site that poses a threat of imminent danger to public safety or property, as required by an order issued pursuant to section 28-204.2, a penalty shall be paid to the department by the owner of the property in the amount of no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded at the property named in the order until such penalty is paid to the department. Failure to pay such penalty shall not prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. In addition, even if the immediately hazardous violation is subsequently corrected, no certificate of correction shall be accepted for the violation giving rise to this civil penalty until such penalty has been paid to the department. Exception: Department penalties for failure to certify correction shall not apply to one- to four-family homes. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2022/050, 1/15/2022, eff. 5/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 28-219.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

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