Overview
The Environmental Control Board (now part of OATH) adjudicates violations from multiple NYC agencies. Each agency has its own penalty schedule that determines the fine amounts for different violation types.
DOB ECB Penalties
- Work without permit: $2,500 - $25,000
- Failure to maintain building: $1,500 - $10,000
- Illegal conversion: $5,000 - $25,000
- Exceeding approved plans: $2,500 - $10,000
- Failure to safeguard construction site: $2,500 - $25,000
- Operating without C of O: $5,000 - $25,000
- Failure to file facade report (FISP): $1,000 - $5,000
- Elevator inspection failure: $1,000 - $10,000
FDNY ECB Penalties
- Fire safety plan violations: $500 - $10,000
- Blocked exits/egress: $1,000 - $5,000
- Missing fire extinguishers: $500 - $2,500
- Sprinkler system violations: $1,000 - $10,000
- Overcrowding: $1,000 - $5,000
DEP ECB Penalties
- Noise violations (construction): $800 - $8,000
- After-hours construction noise: $1,600 - $16,000
- Illegal discharge: $1,000 - $10,000
- Air quality violations: $500 - $5,000
Default Penalties
If the respondent fails to appear at the scheduled hearing, a default judgment is entered at the maximum penalty amount. Defaults can be vacated by filing a motion with OATH demonstrating a reasonable excuse and meritorious defense, but this is not guaranteed.
Stipulated Penalties
At the hearing, the respondent can enter a stipulation (agreement) to pay a reduced penalty, typically in exchange for admitting liability. Stipulated penalties are usually 50-75% of the standard penalty for first-time violations with quick correction.
Frequently asked
What is the maximum ECB fine in NYC?
Maximum ECB fines vary by violation type and agency. The highest DOB ECB penalties can reach $25,000 per violation. Default judgments are always at the maximum amount.
Can I negotiate an ECB fine?
Yes. At the OATH hearing, you can negotiate a stipulated penalty (reduced fine) in exchange for admitting liability. You can also present evidence for mitigating factors like first offense and prompt correction.
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