DOB-ECB Violations

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 $5000 fine (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.