DOB vs. ECB Violations: Key Differences and How to Resolve Them 

Property owners and developers in New York City must comply with a complex system of building codes and regulations enforced by the Department of Buildings (DOB) and the Environmental Control Board (ECB). While both agencies issue violations for non-compliance, they serve distinct functions and follow different enforcement processes. 

DOB and ECB violation compliance is critical for avoiding costly fines, legal issues, and Stop Work Orders (SWOs) that can halt construction projects. 

DOB Violations: Direct Enforcement by the Department of Buildings 

NYC Department of Buildings (DOB) issues violations when properties fail to meet building code compliance, permit regulations, or safety standards. These violations are classified based on severity: 

• Class 1 (Immediately Hazardous) – Includes work without a permit, unsafe scaffolding, or missing fireproofing. These may trigger a Stop Work Order and DOB-issued fines. 

• Class 2 (Major Violations) – Includes failure to maintain a building façade, improper egress routes, or non-compliant accessibility features. 

• Class 3 (Lesser Violations) – Typically administrative infractions, such as missing construction signs or minor recordkeeping issues. 

Resolving DOB Violations 

To resolve a DOB violation, property owners must: 

1. Correct the issue – Address the cited problem, whether through permit filings, construction fixes, or inspections. 

2. Submit a Certificate of Correction – File with the DOB to prove compliance and close the violation. 

3. Pay applicable fines – Failure to correct the issue can result in escalating penalties. 

If the violation is ignored, it may be escalated to the Environmental Control Board (ECB) for further enforcement. 

ECB Violations: Financial Penalties and Legal Consequences 

The Environmental Control Board (ECB), now operating under the Office of Administrative Trials and Hearings (OATH), handles violations that have been escalated from DOB enforcement. These are typically issued when a property owner fails to correct a DOB violation or is found guilty of repeat offenses. 

Key characteristics of ECB violations: 

• They result in financial penalties. Unlike DOB violations, which focus on fixing the issue, ECB violations come with fines that must be paid, even after the violation is corrected. 

• They can lead to property liens. Unpaid ECB fines can result in a lien on the property, affecting financing and property transfers. 

• They require an OATH hearing for resolution. Property owners must challenge ECB violations in OATH court or risk default judgments with increased penalties. 

Resolving ECB Violations 

To resolve an ECB violation, property owners must: 

1. Attend an OATH hearing – Dispute the violation or negotiate reduced penalties. 

2. Pay the ECB fine – Even if the violation is corrected, ECB fines must be settled. 

3. Cure the underlying DOB issue – Ensure compliance to avoid repeat violations. 

Case Study: Resolving an ECB Violation After a DOB Stop Work Order 

A developer in Midtown Manhattan was issued a Class 1 DOB violation for performing structural work without a permit. The DOB immediately placed a Stop Work Order (SWO) on the site, halting all construction activity. 

Because the violation was not corrected in time, it was escalated to the Environmental Control Board (ECB), where the developer was fined $25,000. To lift the SWO and clear the ECB violation, the developer had to: 

• Obtain the proper DOB permits. 

• Submit a Certificate of Correction to the DOB. 

• Pay the ECB fine and clear the line on the property. 

By addressing the compliance issue and settling the ECB penalty, the developer was able to resume construction without further delays. 

Navigating DOB and ECB Violations with BVS 

Both DOB violations and ECB violations can have serious financial and operational consequences if not handled properly. At BVS, we specialize in: 

• Filing Certificates of Correction to clear DOB violations. 

• Managing OATH hearings and negotiating ECB penalties. 

• Resolving Stop Work Orders and preventing compliance setbacks. 

Understanding how to resolve DOB violations before they escalate to ECB enforcement is key to avoiding penalties, preventing project delays, and maintaining compliance in NYC’s strict regulatory environment. 

For expert guidance on DOB and ECB violations, BVS ensures your property remains in compliance and your projects stay on track.