How to Clear NYC DOB Violations and Protect Your Insurance Eligibility
This article is part of a series on resolving property violations in New York City. See also: How to Clear NYC Violations – HPD and How to Clear NYC Violations – OATH.
Why DOB Violations Are Insurance Risk Factors for NYC Landlords
If a building is cited for a violation, does it matter which agency issued the violation?
While some violations may seem more like building nuisances to property owners, violations by the NYC Department of Buildings (DOB) can significantly jeopardize the building’s insurance policy.
DOB violations, especially those that signal construction, zoning, or structural issues, may be more consequential from an underwriting perspective. Serious problems can mean higher premiums, non-renewals, or even policy cancellations. Even corrected DOB violations may raise concerns during underwriting, particularly when they reveal a pattern of maintenance problems or serious safety issues. Open violations can pose an even greater obstacle when obtaining or renewing coverage.
Understanding how DOB violations work and how building owners can correct them as quickly and efficiently as possible can help preserve and maintain insurance coverage.
How to Find Open DOB Violations on Your Property
Building inspectors issue DOB violations when a property doesn’t comply with construction codes, the NYC Zoning Resolution, and other laws and rules. Just like OATH violations, open DOB violations can prevent an owner from selling or refinancing a property.
The Property Profile Overview on the Buildings Information System shows the number of open DOB and OATH violations. This page appears when you enter an address on the Building Information Search screen. Clicking on the “Violations-DOB” link brings up the violation history for the property.
- Open DOB violations do not have an asterisk next to the violation number.
- Dismissed or closed violations have an asterisk, as well as a closure or dismissal date.
The BIS publishes detailed information on certain DOB violations. For violations without detail, you can request copies of the violations noted below from the issuing unit.
The BIS website doesn’t include information on filings made through DOB NOW, the self-service portal for online permits, appointments, and applications.
Because BIS and DOB NOW contain different records, building owners should check both systems at least once every six months to identify potential compliance issues. Check every category, not just the Complaints/Violations link, to ensure there are no open violations or unresolved issues, even mistaken ones, associated with your building.
Common DOB Violations Affecting Small NYC Residential Buildings
DOB Façade Violation
The Façade Inspection Safety Program (FISP) requires owners of buildings higher than six stories to have exterior walls and appurtenances inspected every five years. A technical façade report must be filed with DOB.
Failure to File a Façade Technical Report (NRF) Violation. A Qualified Exterior Wall Inspector (QEWI) needs to submit the outstanding Technical Report Periodic Inspection of Exterior Walls & Appurtenances in DOB NOW: Safety. In addition, owners must pay applicable late-filing and failure-to-file penalties, which can accumulate until they submit an acceptable report.
Failure to File an Amended Façade Technical Report Violation. First, the building owner needs to correct the façade condition that resulted in an unsafe technical report. Then, a QEWI needs to submit an acceptable amended FISP technical report in DOB NOW: Safety. Owners must also pay any outstanding penalties for failure to correct an unsafe condition.
Fire Safety Violations
LL 16/84 – Report of Compliance with Local Law 16/84. Owners of buildings subject to Local Law 16 of 1984 must notify DOB of their compliance with applicable fire safety requirements. The Local Law 16/84 Form identifies work that has been completed or partially completed to satisfy those requirements.
Boiler Inspection Violations
Failure to File an Annual Boiler Inspection Report. Owners of residential buildings with six or more units, mixed-use buildings, and single-room occupancy (SRO) properties must arrange annual inspections of boilers subject to DOB requirements. Inspection reports must be submitted through DOB NOW: Safety. Failure to file the required reports or document corrections to identified defects can result in DOB violations and civil penalties.
Low-pressure boilers in residential buildings with five or fewer units are generally exempt from annual DOB inspection requirements. Certain individual-unit boilers are also exempt, while mixed-use properties have different requirements.
Unpermitted Construction Violations
Failure to Obtain Required Permits. Except for certain minor alterations and ordinary repairs, owners or contractors must obtain the proper permits before performing construction, alterations, demolition, plumbing, and other regulated work. A single unpermitted project can result in multiple violation notices. For example, an inspector might identify several violations during a basement and garage renovation involving new walls, garage door removal, plumbing fixture installation, and a new gas line. Depending on the infraction, unpermitted work may result in a DOB violation, an OATH summons, and/or additional civil penalties.
Violations may be issued in response to a complaint, during a scheduled inspection for an application, or as part of a follow-up inspection.
How to Resolve DOB Violations and Clear Your Property Record
Paying a penalty doesn’t resolve a DOB violation. Property owners must correct the underlying condition and provide the required documentation to the department.
Although requirements vary depending on the violation type, the process generally involves these steps:
- Locate the violation. Check BIS or DOB NOW for the violation number, date, description, and current status.
- Determine the correction requirements. Review the violation notice to identify the necessary repairs, filings, inspections, or other actions.
- Correct the violation. Complete the required work, obtain permits when necessary, and engage licensed professionals if required.
- Submit proof of correction. Provide the required documentation to the DOB unit that issued the violation, following its specific procedures.
- Pay applicable penalties. Some DOB violations carry civil penalties that must be paid before the violation can be cleared.
- Verify the violation has been resolved. Check the property’s DOB records to confirm that the violation is no longer listed as open.
For additional guidance, see the NYC DOB instructions for resolving violations.
How a Clean DOB Record Improves Your Building’s Insurance Profile
A building with unresolved DOB violations may face higher insurance premiums, difficulty securing coverage, or non-renewal. Correcting violations promptly, maintaining accurate compliance records, and monitoring the building’s status can help owners demonstrate responsible property management and reduce potential insurance obstacles.
If you have any questions about your building insurance, please call our office at 877-576-5200 or request a free, no-obligation policy review.
