The city’s Unsafe Buildings unit randomly goes around the city and inspects buildings and check the building’s safety. If your building is found unsafe you should take necessary steps to correct the condition at the soonest possible time.
What is an unsafe building?
An unsafe building is a place, property, structure or part of it that is deemed as a danger to public safety for various reasons including, it is vacant, open, unguarded, structurally compromised or all of the above. The DOB files proceedings in court against unsafe buildings all over New York. They are filed under AC Sections 28-216.1-28-216.11 of the New York City’s Administrative Code.
What Happens When a Building is Found Unsafe?
When a building is found unsafe, then the DOB serves a Notice of Survey and Summons, which states that the owner or his/her agent is required to take action in order to correct the building’s unsafe condition. Before the appointed court date, another inspection or a survey of the building will be conducted.
If No Action Has Been Taken
Should the result of the survey/inspection, it is determined that the building is indeed unsafe and parties involved, like the owner and/or the agent is not working towards correcting the condition, the judge then will issue a Precept, an order that authorizes the city to the necessary work in order to correct the unsafe condition of the building and the cost of such work will then be charged to the property. The building will be made safe either by sealing it, demolishing it or performing such essential works in order to ensure that the building will be safe for occupancy and use. If the city does this work pursuant to the precept ordered by the court, then the cost of the work will be a lien towards the property in question.
Carrying Out the Precept on Your Own
You may have the chance to do the corrections yourself though, pursuant to a DOB permit. Sealing, demolition, repair and other works must be done according to the existing laws and procedures set by the DOB. Any construction work regardless of the Court Precept still needs a construction permit. The precept doesn’t exempt anyone from obtaining a permit from the DOB to do construction work. If unsure you can consult the construction unit at your Borough office to determine what needs to be done.
If you are planning on correcting the unsafe condition yourself, the following must be done in order to do so
-
Request a Hold Letter from the DOB Borough Commissioner of the borough where the property is located requesting the city to hold off from taking any action to seal, demolish or do any work on the property to correct unsafe conditions. If you don’t get a hold letter, then the DOB may then task the NYC Department of Housing Preservation and Development to hire a contractor to the said work.
- Pay the survey fee to the City of New York. This fee is actually not a fine or a penalty but rather a fee to cover the cost of the independent Engineer or Architect that accompanied the DOB inspector on the survey pursuant to the Notice of Survey and Summons.
- Once the work has been completed and the unsafe condition corrected, schedule a re-inspection with the Construction unit of the borough. You must present the survey fee receipt so you can schedule the re-inspection. If the inspector find that the unsafe condition has been properly corrected, then you can ask the Borough office to confirm the violation is dismissed from the BIS computer printout for the building in question.
- When you confirm that the violation has been dismissed then you can ask the Unsafe Buildings Unit for a Consent to Cancel Lis Pendens. You should file the original Consent to Cancel Lis Pendens at the County Clerk’s office of the borough then the Lis Pendens filed there for the proceeding will be voided.
