Types of NYC building violations — by agency
ECB / OATH
Environmental Control Board Violations
Issued by DOB, FDNY, DSNY, and other agencies for code violations. Require an OATH hearing. Class 1 (immediately hazardous), Class 2 (hazardous), Class 3 (non-hazardous). Unpaid penalties become liens.
DOB
DOB Violations
Administrative notices issued by DOB inspectors for conditions that don't rise to ECB enforcement. Include notices of violation, unsafe structure findings, and boiler violations. Separately tracked from ECB.
HPD
Housing Preservation & Development Violations
Issued for housing code violations in residential buildings — heat and hot water failures, pest infestations, broken locks, lead paint. Class A (non-hazardous), Class B (hazardous), Class C (immediately hazardous).
FDNY
Fire Department Violations
Issued for fire code violations — blocked egress, missing sprinkler coverage, expired extinguishers, failure to maintain fire protection systems. FDNY violations go through the ECB/OATH process.
DOB — LL11/FISP
Façade Inspection Violations
Auto-generated by DOB for buildings taller than six stories that fail to file LL11 façade inspection reports on the required five-year cycle. Penalties accumulate automatically regardless of the current owner.
DOB — SWO
Stop-Work Order Violations
Class-1 ECB violations issued when work continues at a site under an active stop-work order. Each day of continued work can produce a separate violation. A pattern of SWO violations is one of the most serious red flags in any building record.
How ECB enforcement actually works
When a city agency inspector finds a code violation, they issue an ECB notice. That notice triggers a proceeding at OATH — the Office of Administrative Trials and Hearings. Here is how the process works from issuance to resolution:
01
Violation issued
Inspector issues ECB notice of violation at the property. A hearing date is scheduled at OATH. The property owner is served via the notice and is responsible for appearing.
02
OATH hearing
The property owner (or their representative) appears at OATH. They may admit the violation, contest it, or present evidence of correction. The OATH judge issues a decision and, if a violation is sustained, sets a penalty.
03
Default if no appearance
If the owner does not appear, OATH automatically issues a default judgment at the maximum penalty for the violation class. Default judgments do not require any further proceeding — they are immediately enforceable.
04
Penalty becomes a lien
Unpaid ECB penalties accrue interest. After a period, they are certified to the Department of Finance and become tax liens on the property — collectible in the same manner as unpaid property taxes.
05
Resolution
Violations can be resolved by correcting the condition, paying the penalty, and filing a certificate of correction with DOB. Some violations require re-inspection before they can be closed. Others can be resolved administratively.
What buyers and lenders need to know
ECB default judgments survive transfer of ownership. A buyer who acquires a property with outstanding defaults inherits the obligation to resolve them — including paying accrued penalties and interest. Sellers are not required to disclose ECB violations under NYC law. The only way to know what's on a building's enforcement record is to pull it directly from the ECB database before closing.
The difference between "resolved" and "dismissed"
An ECB violation can show a status of "Resolved," "Dismissed," "In Violation," or "Default." These are not equivalent:
Resolved
The violation was sustained at hearing or by default, the condition was corrected, and the penalty was paid. No further obligation remains.
Dismissed
The violation was contested and the OATH judge found in the owner's favor, or the issuing agency withdrew it. The violation is closed with no penalty due.
In Violation
A penalty was assessed but has not yet been paid, or the correction has not yet been confirmed. An active balance due. This is the status that most commonly surprises buyers.
Default
The owner did not appear at the OATH hearing. A default judgment was entered at the maximum penalty. The judgment is immediately enforceable. The property owner must move to vacate the default to re-open the matter — a separate legal proceeding that is not guaranteed to succeed.