How do I resolve an ECB violation on my New York City property?
Paying the fine is only one step. Owners write in because the violation is still on the record after they paid, or because they missed the hearing. This page is the plain-language version of what to do next.
S & M Expediting is a New York City certified minority- and women-owned business.
If you are not sure the paper is an ECB violation, start with what an ECB violation is and how to check your property.
Does paying the fine clear the violation?
No. Paying on or before the hearing date admits the charge and gives up the hearing. Paying that penalty still does not close the violation on Buildings Department records. A certificate of correction is still required unless the case was dismissed. People who already paid and still see the violation online are usually missing that filing.
What is a certificate of correction?
It is the form and the proof you send the Buildings Department to show the problem is corrected. Proof can include photos, permits, receipts, and a sign-off from a licensed professional when the summons requires one. The city accepts the filing through DOB NOW: Safety. Their FAQ is here: https://www.nyc.gov/site/buildings/property-or-business-owner/certificate-of-correction-frequently-asked-questions.page
What if my summons has a cure date?
Some summonses print a cure date. The Buildings Department’s certificate-of-correction FAQ says that an acceptable certificate filed by that date, with the cure option selected, can let you avoid the hearing and the penalty. Use the date on your own paper. Do not assume every summons has one.
What if the summons is for work without a permit?
The Buildings Department says the civil penalty for work without a permit has to be paid, or a waiver approved, before it will accept the certificate of correction. We already have a page on that situation: https://sandmexpediting.com/work-without-a-permit/
What if I cannot attend the hearing?
Ask for a different way to appear before the date passes. OATH says a phone hearing has to be requested at least three business days ahead, and an in-person hearing at least five. Missing that is treated as a default, with the maximum penalty.
What if I already missed the hearing?
OATH can decide the case without you. OATH has a page called Reopen a Missed Hearing. It allows one new hearing. If the request arrives within 75 days of the missed date, OATH says it will grant it. Do not wait for a second notice. Call us with the summons number so we can see the status. The OATH page is here: https://www.nyc.gov/site/oath/hearings/missed-hearings-default-frequently-asked-questions.page
What happens if the penalty goes unpaid?
The amount and the due date come from the summons and from the OATH decision. Unpaid penalties can be sent for collection. We already explain that path here: https://sandmexpediting.com/unpaid-violations-how-to-handle-dob-and-ecb-penalties/
How much can this cost?
The penalty on the summons is not the same for every class. Two figures the Buildings Department publishes, for specific cases, are worth knowing. A Class 1 summons at a construction site larger than a four-family building that is not certified as corrected in time can draw an added civil penalty of $5,000, plus re-inspections about every 60 days. A Class 1 summons for an illegal conversion can add $1,000 a day until it is certified, up to $45,000. Those are city penalties, not our fee. There is no single price for our help, because the summons and the proof required are different each time.
Do you do the repair?
No. If the condition needs a plumber, an electrician, or a contractor, you hire that licensed person. We prepare the filings and follow them with the city.
Call 718-833-2333 or email info@sandmexpediting.com. Tell us the address and, if you have it, the summons number. We will tell you what the paper requires before any filing is made.
