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ECB / OATH Violations in NYC

Request an ECB Violation Review

What an ECB Violation Is Today

An ECB violation is a summons issued by a City agency, such as the Department of Buildings, and decided by an independent tribunal. Cases once heard by the Environmental Control Board (ECB) are now heard at the OATH Hearings Division, which is why owners see both names on the same record.

For a DOB summons, a hearing result or a paid penalty does not finish the matter. The violating condition still has to be corrected and certified as corrected with DOB. Until the summons is dismissed at OATH or resolved through a Certificate of Correction, it stays open on the property's public profile.

BC360 runs an ECB violation search for the building, explains where each summons stands, and coordinates the work and filings needed to resolve it.

ECB Violations in NYC: Hearings, Penalties and Corrections

How an OATH violation issued by DOB can move from summons to resolution:

  • Cure: if the summons lists a cure date, correcting the condition and getting a Certificate of Correction approved by that date means no hearing and a $0 penalty
  • Admit: admitting and paying the standard penalty on or before the hearing date means no hearing is needed
  • Stipulation: for certain violations, admitting in exchange for 75 more days to correct, usually at half the standard penalty
  • Hearing: respondents can contest the summons at OATH in person, or by mail, online or by phone
  • Mitigation: for certain violations, admitting at the hearing and showing the condition was corrected can reduce the penalty to half
  • Default: missing the hearing means a finding of violation and a penalty generally five times the standard amount
  • Class 1 conditions must be corrected immediately, and Class 2 and Class 3 conditions within 40 days
  • Certificates of Correction are filed in DOB NOW: Safety and cannot be approved until all DOB civil penalties are paid or waived
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How it works

How We Resolve ECB Violations

01

Run the ECB violation search

We pull every open OATH (ECB) summons on the building from BIS and DOB NOW, with hearing dates and status.

02

Check the options

For each summons we note the class, any cure date, stipulation offers and the hearing outcome so far.

03

Correct the condition

Licensed professionals and contractors correct the violating conditions, and we gather the proof DOB asks for.

04

File the Certificate of Correction

We prepare the request in DOB NOW: Safety and follow it through approval, resubmission or dispute.

What Is Included?

Our ECB violation review may include:

  • An ECB violation search by address for the building
  • A list of open OATH summonses with hearing dates and outcomes
  • A check of cure dates and stipulation offers before they pass
  • A check of defaulted summonses and outstanding penalties
  • A check of related DOB civil penalties, such as AEUHAZ penalties, that can hold up a Certificate of Correction
  • Coordination of licensed contractors and design professionals for corrective work and permits
  • Preparation of Certificate of Correction requests in DOB NOW: Safety
  • Tracking of disapprovals, resubmissions and disputes
  • Coordination with the owner's attorney or representative when a summons is contested
  • A findings summary with the recommended path for each summons

Why Is This Service Important?

Every option at OATH runs on a date. Once a cure date or a stipulation compliance date passes, the lower-penalty paths close, and a missed hearing brings a default penalty generally five times the standard amount.

Paying the penalty does not end an ECB violation on a DOB summons. If the condition is never certified as corrected, DOB can issue more summonses for failing to file a Certificate of Correction, and the violation stays open on the public record.

Our Service Is Designed For:

  • Building owners and landlords
  • Property managers and managing agents
  • Condominium and cooperative boards
  • Respondents named on a DOB summons
  • Real estate attorneys
  • Buyers and lenders reviewing building records
  • Owners preparing to sell or refinance
  • Portfolio managers
  • Owners with defaulted or older summonses

Why Choose BC360?

BC360 manages building compliance across agencies, so an ECB violation is reviewed together with the building's DOB violations, permits and periodic inspections. A summons that points to a missed inspection filing or an open permit gets handled at the source.

BC360 is not a law firm and does not represent owners at hearings. It coordinates the corrective work, the licensed professionals and the Certificate of Correction filings, and works alongside the owner's attorney or representative when a summons is contested. No company can guarantee a dismissal.

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(212) 547-9000
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What's the Compliance Status of Your Building?

Start with a BC360 portfolio review. We'll establish each property's compliance position and identify what needs attention.