Penalties Increase for Failure to Certify Correction of Immediately Hazardous Violations

Penalties Increase for Failure to Certify Correction of Immediately Hazardous Violations

By Andrew Pisani

The New York City Department of Buildings (DOB) has increased the civil penalties for failure to file a Certificate of Correction for an Immediately Hazardous Class 1 Summons (AEUHAZ). Effective immediately, the $3,000 penalty is now $5,000. The higher penalty applies to summonses issued on or after May 15, 2022, for immediately hazardous conditions at construction sites larger than four-family homes.

Immediately Hazardous Violations (Class 1 Summons)

A Class 1 (Immediately Hazardous) summons is issued for violating conditions that pose a severe threat to life, health, safety, property, or the public interest—or that affect a significant number of people and thus warrants immediate correction. In addition, the New York City Construction Codes identify certain conditions as Class 1 violations.

Class 1 summonses require immediate corrective action. Upon remediation, a Certificate of Correction must be filed with the DOB to prove the violating condition(s) have been corrected. Failure to correct and certify the correction of these summonses will incur additional DOB civil penalties and re-inspections every 60 days. Additional summonses may be issued if the condition remains—or DOB has not received an acceptable Certificate of Correction—upon re-inspection.

Certificates of Correction

Once the violating condition has been corrected, one of the following must complete a Certificate of Correction affidavit:

  • Respondent named on the summons
  • Officer of the named corporation
  • Property owner
  • Managing agent of the named respondent
  • Partner of named respondent partnership
  • Contractor or other agent
  • Current mortgagee or an authorized agent

The affidavit must be submitted to the Administrative Enforcement Unit (AEU) in DOB NOW, along with a notarized statement attesting to how violating conditions were corrected; proof of correction; and proof of payment of any applicable DOB civil penalties.

For more information or assistance with violation correction, contact Metropolis Group at 212.233.6344.