Uncorrected Hazardous Violations Incur New Penalties
By Renee Sosnowski
Effective October 3, 2020, property owners who fail to certify correction of certain immediately hazardous violations face new penalties. The change has been codified in a new section (Section 102-05) added to Subchapter B of Chapter 100 of Title 1 of the Rules of the City of New York.
Section 28-219.1 of the Administrative Code establishes a range for these penalties. The new rule establishes specific amounts within that range and separates 1- and 2-family dwellings from other building types, consistent with other provisions of the Administrative Code and Rules of the City of New York.
Penalty Amounts
Per Section 28-219.1 of the Administrative Code, and in addition to other penalties authorized by Article 202 of Chapter 2 of Title 28 of the Administrative Code and Department of Buildings (DOB) rules, the following penalties shall be paid to the DOB for failure to submit certificate of correction for an immediately hazardous violation that presents immediate danger to public safety or property:
- One- or two-family dwellings – $1,500
- Other buildings – Not less than $3,000 or more than $5,000
Permit and CO Issuance, Rescission of Stop Work Orders
The DOB will not issue any permits or certificates of occupancy nor will it rescind a stop work order at the property until such penalties are paid. Failure to pay such penalties will not prevent permit issuance for work to be performed under Articles 215 or 216 of Chapter 2 of Title 28 of the Administrative Code.
If you have any questions about the new penalties, or if you need assistance with clearing violations, please contact Metropolis Group at 212.233.6344.