The Construction Codes of New York City necessitates that owners not only build but maintain their properties to ensure they are safe. Inspectors from Environmental Control Board as well as the Department of Buildings periodically go out and check buildings for compliance with the Construction codes, the city's Zoning Resolutions and other applicable laws and rules that govern the building. Should they find any discrepancy, notices of violation are issued and the owner or building manager will have to make sure that these violations are resolved.

ECB Violations
ECB violations show up in the BIS property title searches and they are usually classified into 3 classes of violations:

• Class 1 - Immediately Hazardous
• Class 2 - Major
• Class 3 - Lesser

Regardless of the class of violation, it is necessary to resolve them at the earliest possible time, here is how to do it.

1. Correct the violation and submit a Certificate of Correction (AEU-2 form) and supporting documents that the violation has indeed been corrected.

2. Admit to the violation or attend the scheduled ECB hearing to contest the violation - if a hearing has been scheduled and you (or your representative) don't attend, you can face up to $25,000 in fees depending on the violation.

3. Pay the fine

Keep in mind that violations remain noted in the BIS until the Department approves your certificate of correction.

DOB Violations
Just like ECB violations DOB violations show up in the BIS property search. Open violations can prevent owners from selling the property or even refinancing it and no new or amended CO's will be issued should the violation remain in effect, so it is best to resolve such issues immediately. Remember that DOB violations may have some penalty fees that are attached to it, a good example will be failing to file the buildings annual elevator or boiler report. Although there are no court appearances required for a DOB violation, some violation issued can be serious enough to warrant a criminal court summons and prosecution.

Resolving DOB violation means correcting the issues that are listed in the DOB violation report, then submit supporting documentation to prove the correction to the issuing unit which usually works within the borough office where the property is located, although some units like Boilers and Elevators operate on DOB's main office.

Remember these violations regardless of degree should always be resolved at the soonest possible time, this keeps the building safe for use for everybody concerns as well as keeps building easily available for other options like selling, refinancing or renovations.