Fines Doubled for Not Correcting 'Immediately Hazardous' Violation

September 24, 2020

On Aug. 27, the DOB adopted a new rule increasing the penalty amount for failing to certify the correction of certain immediately hazardous violations. According to the update, whenever any person fails to submit certification of correction of an immediately hazardous violation that poses a threat of imminent danger to public safety or property, a penalty must be paid to the DOB as follows:

On Aug. 27, the DOB adopted a new rule increasing the penalty amount for failing to certify the correction of certain immediately hazardous violations. According to the update, whenever any person fails to submit certification of correction of an immediately hazardous violation that poses a threat of imminent danger to public safety or property, a penalty must be paid to the DOB as follows:

  • For one-family or two-family dwellings, the penalty is $1,500.
  • For a building other than a one-family or two-family dwelling, the penalty shall not be less than $3,000 or more than $5,000.

These types of violations are automatically issued for failing to correct Class 1 “immediately hazardous” DOB-OATH violations. They’re typically issued within 60 to 75 days after the initial Class 1 violation is issued. In the past, they’ve carried a $1,500 financial penalty, but this newly adopted rule doubles the fines for multifamily buildings to $3,000, with a maximum penalty of $5,000.

Additionally, the new rule states that, “No permit or certificate of occupancy shall be issued and no stop work order may be rescinded at the property until such penalty is paid to the department.”

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