Increased penalty for failure to certify correction of certain immediately hazardous violation

The Department of Buildings (DOB) adopted a new rule relating to penalties for failure to certify correction of certain immediately hazardous violations.
Effective October 3rd, 2020 this new rule adds a new Section 102-05 to Subchapter B of Chapter 100 of Title 1 of the Rules of the City of New York.

Section 102-05 states that 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 department:

• 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 is from $3,000 to $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the new rule states that “No permit or certificate of occupancy shall be issued and no stop work order may be rescinded at the property until such penalty is paid to the department. Failure to pay such penalty shall not prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216 of chapter 2 of title 28 of the Administrative Code.”

Please check NOTICE OF ADOPTION OF RULE for more details.