What is a DOB-ECB Violation?
A DOB-ECB violation is an infraction issued by a DOB inspector in conjunction with an Environmental Control Board (ECB/OATH) hearing, and a possible fine. DOB-ECB violations are issued to a named respondent and associated with the property where the infraction occurred. The violation will also include a description, hearing date, class designation, and possible cure date.
DOB-ECB violations are issued with one of three class designations: Class 1 (Immediately Hazardous), Class 2 (Hazardous), and Class 3 (Minor).
Class 1 (Immediately Hazardous)
Class 1 violations lacking a correction may be issued an additional penalty in the form of an AEUHAZ1. This carries a $3000 fine (as of October 3rd, 2020) (in addition to any penalties assessed by ECB) and is typically issued 75-90 days after the violation issue date. Violations with an accepted Certificate of Correction on file will avoid this enhanced penalty, regardless of fine status.
For immediately hazardous violations, a civil penalty of not less than one thousand dollars nor more than $25,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $1,000 for each day that the violation is not corrected. The commissioner may by rule establish such specified daily penalties.
Class 2 (Hazardous)
For major violations, a civil penalty of not more than $10,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 for each month that the violation is not corrected. The commissioner may by rule establish such specified monthly penalties.
Class 3 (Minor)
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
What is an AEUHAZ1?
- An AEUHAZ1 is an administratively issued DOB violation for failure to immediately correct a Class 1 DOB-ECB violation
- These are typically issued 75 - 90 days after the initial DOB-ECB ticket.
- These violations carry a $1500 civil penalty, separate and in addition to any ECB-related fines issued at a hearing
- An AEUHAZ1 will be dismissed after payment of the $1500 fine. This will not affect the initial DOB-ECB violation, which has its own requirements to close.
As of August 27th, 2020 - New AEUHAZ1 Fine Doubles To $3,000 Minimum
The DOB just adopted a new rule that increases AEUHAZ1 fines from $1,500 to as high as $5,000 – with some new restrictions for building owners who fail to pay this fine and correct this violation.
AEUHAZ1 violations are administratively (i.e. automatically) issued for failing to correct Class 1 “immediately hazardous” DOB-OATH violations. They’re typically issued within 60-75 days after the initial Class 1 violation is issued. In the past, they’ve carried a $1,500 financial penalty, but this new rule seeks to double fines to $3,000, with a maximum penalty of $5,000.
Additionally, the new rule outlines that “No permit or certificate of occupancy shall be issued and no stop work order may be rescinded at the property until such penalty is paid to the department.”
The tricky part about AEUHAZ1 violations is that they’re issued to building owners, not the named respondent on the original Class 1 violation. That means if a tenant or a visiting vendor gets a violation at a building, and it goes uncorrected (meaning a Certificate of Correction isn’t filed in a timely manner), the building owner will be on the hook for a $3,000 – $5,000 penalty from the city.
If you’re a SiteCompli or InCheck user, you’ll see both DOB-OATH violations and AEUHAZ1 violations for your entire portfolio in your account. Make sure Certificates of Correction are submitted online to the DOB as soon as possible to avoid these administrative fines.