You must respond to a notice of violation (NOV). There are two basic ways to respond to an NOV:

1. In most cases, you may resolve an NOV by admitting to the violation and paying the penalty and/or correcting the problem listed on the NOV. If you choose to admit to the charge, make sure to carefully read the instructions on your NOV. In some cases, the NOV may require you to appear at ECB, even if you wish to admit to the charge.
   
   
2. If you believe that you did not commit the violation or that you are not responsible for the violation, you will need to present your case during a hearing. At the hearing, you will have an opportunity to present your response to the NOV to an Administrative Law Judge.

If you ignore an NOV, ECB will find you in default and impose an additional penalty. The penalty for a default is usually the most severe penalty that the law allows for the violation charged.

Respond to a DOB violation
This video provides information on how to respond to violations at ECB issued by the New York City Department of Buildings on or after July 1st, 2008.
Watch the video in low or high bandwidth

If you receive a default order and penalty from ECB, you may respond in one of the following ways:

1. Pay the penalty, including any late-admit penalties that may have been imposed.
   
   
2. Within 30 days of receiving the order, request a hearing and a temporary suspension (which is called a stay) of the default order.

Please refer to your default order for detailed explanations of your response choices.

You must respond to a default order. If you do not, in most cases the law permits the order to be entered as a court judgment against you. If this happens, you may face severe legal consequences.

If you have received a default or other notice from ECB stating that your violation is overdue, you may still be able to request a hearing and avoid a late penalty.

Are you eligible?
Hearing requests are granted automatically for NOVs that are less than one year old and on a case-by-case basis for violations that are older than one year. Call ECB customer service at (212) 361-1400, call 311, or stop by an ECB office to see if you are eligible for a late stay hearing.

What do you need to do?
You will need to submit a written request to ECB for a hearing and a temporary suspension of the order. Your request must include your NOV number and the reason why you did not respond to your NOV. If you have multiple violations, you must list and explain each violation in detail.

What happens?
In some cases, ECB requires more information to determine whether you are eligible for a late stay. If this happens, you will be mailed a detailed questionnaire, which you must return to ECB. If your request is approved, you will be mailed a hearing date and instructions explaining how to proceed. If you are granted a hearing, you will not have to pay the late penalty. However, you must attend the hearing to receive the reduced penalty.

Environmental Control Board
66 John Street, 10th Floor
New York, NY 10038