If you’ve received a notice that a building you own or manage in New York City is not in compliance with some provision of applicable law, there are 3 main ways to get the DOB violation successfully removed and avoid a court hearing:
- Zero penalty
For Class 3 and most Class 2 violations, you can fix the violation and get it verified within 35 days. If you do this and admit to the role you’ve played in the violation, you can avoid attending a court hearing or paying a penalty, provided the Administrative Enforcement Unit (AEU) accepts your certification.
- Stipulation
For Class 3 and some Class 2 violations, if you admit your role in the violation, you can extend the compliance time from 35 to 90 days past the first hearing day.
- Admitting by mail
Applying to all violations, if you pay the entire penalty amount on the day of the hearing, or before, you can avoid a hearing once the payment has been received and processed.
What can you do to challengeyour NYC DOB violations?
While there are plenty of reputable construction companies out there to help you quickly and legitimately get your buildings violation removed, there are some arguments that you might be able to use to challenge the violation at your hearing:
- DOB violation notice in the process of repair
It may happen that you received a violation notice just as you were in the throes of correcting the condition, in which case you can certify it with the DOB and hopefully, avoid having to pay a penalty.
- Inability to get access for correcting a violation
Should you be able to prove that you did everything within your power to try and repair the violating condition, but weren’t given access to it, then you should be able to have the violation dismissed.
- An emergency situation
It can be that a DOB violation is incurred due to an emergency situation beyond your control, in which case you may be able to get it officially dismissed.
- Sale of the building
If you’ve sold the building in question before the violation notice was served, again, you could escape a hearing.
- Improper delivery
DOB violation notices that aren’t delivered personally to you – for whatever reason – then go via the post office, to the address detailed on the notice. However, the DOB are also obliged to check whether you have a second address listed in the records of another agency, and if so, they should send another copy to that address, too. Should this process not be carried out, you can have the violation dismissed for improper delivery.
- Incorrect personal details
Any errors with the spelling of your name or even of the date, could mean that you can have your violation dismissed.
Avoiding receiving a violation notice in the first place, is as simple as complying with all building codes and laws, but when these change frequently, mistakes can happen, and before you know it, you’re in violation. To help you correct any pending building violations swiftly and effectively, work with a reputable and experienced construction company in your locality who can handle the process professionally for you, from beginning to end.
In the end, the best way to avoid getting DOB violation notices is to follow all the required laws and make sure your building complies with them!