There are different types of NYC Building Violations: DOB, ECB, HPD, and LPC all issue violations for various reasons. Building violations are generally issued for unsafe buildings, not complying with code, or working without permits.
Violations are serious and need to be dealt with. Building violations can result in penalties, a vacate order on the premises, or worse.
I am Jorge Fontan, an architect in New York and owner of Fontan Architecture, an NYC architecture firm. In this post, we will review a few examples of the types of building violations you may get in NYC.
Types of Violations
There are different types of violations. Many agencies can issue building violations. Let’s look at a few examples.
- DOB Violations
- Department Of Buildings
- ECB Violations
- Environmental Control Board
- HPD Violations
- Housing Preservation and Development
- LPC Violations
- Landmarks Preservation Commission
- FISP
- Façade Violations
Open Building Violations
Having a building violation can cause problems. First, they can come with financial penalties that you must pay to the city. Violations can also lead to a vacate or partial vacate order preventing the use of the building. You cannot receive a certificate of occupancy with open violations.
Open violations will also hinder your ability to sell or refinance a building. They can lead to stop work orders, and if you have outstanding penalties, you may not be able to get permits for new work without resolving outstanding penalties and fees.
When you receive a violation, you must not only pay the penalty. You must correct the violation. Paying the penalty does not make the problem go away. You still have to correct the issue that resulted in a violation.
DOB Violations
A DOB violation is a Department Of Buildings Violation issued by a DOB inspector. These can be for a variety of issues. Some DOB violations can lead to criminal charges.
ECB Violations
ECB violations or Environmental Control Board Violations are serious matters. There is an ECB Court with hearings for violations. You must respond to these quickly and make a plan to resolve the violations.
HPD Violations
HPD violations are from Housing Preservation and Development. These violations are often for buildings not being maintained or falling into disrepair. Property owners must maintain and keep buildings up to a certain condition. Violations can be issued if you do not have a minimum standard of care on your property.
LPC Violations
LPC Violations or Landmarks Preservation Commission Violations are for landmarked buildings or buildings in landmarked districts. These are usually issued for working on a landmarked building without a permit or for doing work not complying with LPC requirements for Landmarked Buildings.
FISP Penalties
The Façade Inspection and Safety Program (FISP), formerly known as Local Law 11, requires buildings over six stories to be inspected once every five years. A report must be submitted to DOB by an authorized professional. Failure to file these reports will incur penalties.
We have another post on FISP if you want to learn more.
Buying a Building With Violations
If you are buying a building with violations and past-due penalties, you may be able to get the penalties waived. We have done this for clients in the past. If you qualify, penalties can be waived that were issued to a previous owner. You will still be responsible for rectifying the building violations.
We have another Post if you want to read more about Buying a Building with Violations.
DOB Emergency Declaration
The Department of Buildings can issue an emergency Declaration on an unsafe building. In some cases, they can put an order to demolish a structurally unstable or dangerous building. The City of New York will demolish your building if you do not do so when they issue the order. If they demo it, they will send you the bill. I assure you it is cheaper if you do it yourself with a team of professionals. It will be far more expensive if the city does it and charges you.
Thank You for reading our Blog Post on NYC Building Violations.
I hope this was helpful. If you want to speak with an architect about a potential project, contact us at Fontan Architecture directly.
This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
