An ECB violation is a notice that a property does not comply with a provision of the NYC Building Code and/or NYC Zoning Resolution. ECB violations are resolved at the Environmental Control Board, an administrative law court, where a civil penalty may be imposed although the violations are entered against the property in the Department of Buildings Buildings Information System (BIS).

Resolving an ECB violation imposes two obligations: (a) to pay a civil penalty and correct the violating condition, and (b) to file a Certificate of Correction with the Department of Buildings at its main office either by mail or in person. To certify correction, file a Certificate of Correction form with accompanying proof that the condition has been corrected. If the Department accepts the proof, the property's record in BIS will show that the violation was corrected and certificate accepted. If a violation is dismissed at ECB, it will continue to appear as "open" in BIS until acceptable proof is submitted that the violating condition has been corrected even if the penalty imposed at ECB has been paid. Check  "Resolving Department of Buildings Violations" (75 kb) for further information.

ECB Penalty Schedule
The most common type of violation issued by the Department of Buildings is called an ECB Notice of Violation because it can result in a hearing at the Environmental Control Board (ECB), an administrative court. The ECB Notice of Violation contains a notice that a property does not comply with applicable provisions of law.

For ECB violations issued and served on or after July 1, 2008, view the Revised ECB Penalty Schedule and penalty information in pdf (315 kb) or Excel (546 kb). The Revised ECB Penalty Schedule includes the revisions to penalties and process as included under the enforcement provisions of the NYC Construction Codes.

For ECB violations issued prior to July 1, 2008, view the ECB Penalty Schedule and penalty information iin pdf (91 kb) or Excel (331 kb).

Definitions List for Revised ECB Penalty Schedule (Violations issued on or after July 1, 2008)

Cure: A "Yes" in the column above indicates that this type of violation can be corrected and if acceptable to the Department of Buildings attendance at a hearing is not required and no penalty will be imposed. For these types of violations a Respondent must correct the condition, file an acceptable Certificate of Correction with the Administrative Enforcement Unit (along with other appropriate documents) within 40 days of the service of the violation.

Stipulation: For certain eligible violations (indicated as a "Yes' on the table) the Department of Buildings may offer a "stipulation" to extend the time for compliance. The respondent must admit the violation subject to stipulation and agree to correct it and file an acceptable certificate of correction with the Department. Stipulations offered via mail (pre-hearing) and will result in a reduced penalty (half of the penalty amount). Stipulations offered at a hearing will result the penalty indicated in on the ECB Penalty Table. A stipulation, whether a pre-hearing stipulation or a hearing stipulation, gives the respondent seventy-five days from the first scheduled hearing date within which to correct the violation and file a certificate of correction, failing which any reduced penalty that may have been imposed in connection with a pre-hearing stipulation will be adjusted to the standard hearing penalty set forth in the ECB Buildings Penalty Schedule. A pre-hearing stipulation dispenses with the need for a hearing at ECB. A violation that has been charged as an Aggravated II violation is never eligible for a stipulation regardless what is indicated on the Penalty Table.

Penalty: The standard penalty imposed by the Environmental Control Board that is associated with a particular violation. If the violation can be "cured" and the Administrative Enforcement Unit at the DOB accepts the correction within 35 days of the service of the violation, no appearance in ECB court is necessary and no penalty is imposed.

Mitigated Penalty: Eligible violations (those with a "Yes" in the "Mitigation" column) may be subject to mitigation where the respondent proves at the hearing that the condition was corrected prior to the first scheduled hearing date at ECB. If a mitigated penalty is imposed, that penalty will be half of the penalty amount that would otherwise have been imposed at a hearing for that particular violation. An acceptable certificate of correction must thereafter be filed at the Department. A violation that has been charged as an Aggravated II violation is never eligible for mitigation, even if there is a "Yes" in the "Mitigation" column in the ECB Buildings Penalty Schedule for that violation description.

Default Penalty: This is the penalty imposed by ECB for the failure to appear for a violation without aggravating conditions. This penalty is indicated on the ECB Buildings Penalty and is usually five times the standard penalty amount.

Aggravated I Penalty: This is the penalty imposed at a hearing by ECB violations with aggravating conditions. An Aggravated I penalty is indicated on the ECB Buildings Penalty and is usually two and one-half  times the standard penalty amount. An aggravated 1 condition is defined in subchapter B and section §102-01 of Chapter 100 of Title 1 of the Rules of the City of New York.

"Aggravated penalties of the first order ("Agg. I") shall be imposed when evidence establishes the same condition or the same charge under the New York City Construction Codes or the predecessor charge under the laws in effect prior to July 1, 2008 in a prior enforcement action against the same owner or responsible party during the previous three years."

Aggravated I Default Penalty: This is the penalty imposed by ECB for the failure to appear for a violation with Aggravating I conditions. This penalty is indicated on the ECB Buildings Penalty and is usually ten times the standard penalty amount.

Aggravated II Penalty: This is the penalty imposed at a hearing by ECB violations with aggravating conditions. An Aggravated II penalty is indicated on the ECB Buildings Penalty and is usually five times the standard penalty amount. An aggravated II condition is defined in subchapter B and section §102-01 of Chapter 100 of Title 1 of the Rules of the City of New York.

"Aggravated penalties of the second order ("Agg. II") shall be imposed in the following instances:

1. When the respondent or defendant is found in violation of any law or rule enforced by the Department where the violation of law is accompanied by or results in a fatality or serious injury or where the violating condition affects a significant number of people; or

2. Where the respondent or defendant refuses to give the Department requested information necessary to determine the condition of a building or site; or

3. Where the respondent or defendant has a history of non-compliance with laws or rules enforced by the Department at one or more locations, including but not limited to a pattern of unreasonable delays in correcting violations, a pattern of failing to obey Stop Work Orders, filing false documents, or multiple defaults.

4. For purposes of this section, "in violation" shall mean to be adjudged in violation of any law or rule enforced by the Department following a hearing, to admit the charge, or to sign a stipulation agreement either at or before a hearing before any administrative or judicial tribunal. Failure to appear at a hearing leading to entry of a default order or judgment shall also be deemed a finding "in violation."

Aggravated II Default Penalty: This is the penalty imposed by ECB for the failure to appear for a violation with Aggravating II conditions. This penalty is indicated on the ECB Buildings Penalty and is usually the statutory maximum penalty amount. For Class 1 violations this is $ 25,000, for Class 2, $10,000 and for Class 3, $500.

Definitions List for ECB Penalty Schedule (for violations issued prior to July 1, 2008)

For ECB violations issued prior to July 1, 2008, view the ECB Penalty Schedule and penalty information iin pdf (91 kb) or Excel (331 kb).

Stipulation: For certain eligible violations (indicated as a "Yes' on the table) the Department of Buildings may offer a "stipulation" to extend the time for compliance. The respondent must admit the violation subject to stipulation and agree to correct it and file an acceptable certificate of correction with the Department. Stipulations offered via mail (pre-hearing) and will result in a reduced penalty (half of the penalty amount). Stipulations offered at a hearing will result the penalty indicated in on the ECB Penalty Table.   A stipulation, whether a pre-hearing stipulation or a hearing stipulation, gives the respondent seventy-five days from the first scheduled hearing date within which to correct the violation and file a certificate of correction. A pre-hearing stipulation dispenses with the need for a hearing at ECB.  A violation that has been charged as a Second offense violation is not eligible for a stipulation regardless what is indicated on the Penalty Table.

Penalty: The standard penalty imposed by the Environmental Control Board that is associated with a particular violation. If the violation can be "cured" and the Administrative Enforcement Unit at the DOB accepts the correction within 35 days of the service of the violation, no appearance in ECB court is necessary and no penalty is imposed.

Mitigated Penalty: This is the reduced penalty (generally, one-half) imposed for e violation for which satisfactory evidence of compliance has been submitted and approved by the first scheduled hearing date. In some second-offense cases a mitigation penalty also may be available.

Default (Maximum) Penalty: This is the penalty imposed by ECB for the failure to appear for a first offense violation.

2nd Offense Penalty: This is the board-approved penalty imposed for a second or multiple-offense violation for the same condition.

2nd Offense Maximum (Default) Penalty: This is the penalty imposed by ECB for the failure to appear for a second or multiple offense violation.

ECB Violation Reference Guide Part I & Part II In June 2006, the Department of Buildings published the ECB Violations Reference Guide to provide an overview of Environmental Control Board (ECB) Violations. This Guide provides explanations and detailed compliance information for over 80% of the ECB violations that are issued.