DOB Updates Buildings Penalty Schedule

By Renee Sosnowski

Effective Wednesday, May 10, 2017, the New York City Department of Buildings (DOB) has let NYC expediters know that it’s adopted a new Buildings Penalties Schedule.

Rule Relocation

The new rule relocates the DOB Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH ECB) rules in Chapter 3 of the Rules of the City of New York (RCNY) to DOB’s rules in Chapter 100 of the RCNY.

  • While OATH ECB has the authority to impose penalties, the change acknowledges that enforcement agencies have the expertise to recommend appropriate penalties based on the severity of the infraction and its effect on the public.
  • This move should also facilitate location of the penalties, which are now located in the same chapter as the rules supporting the alleged violations.
  • In addition, the relocation should speed up the rulemaking process by removing OATH ECB approval for rules that have already passed the City Administrative Procedure Act (CAPA).

Updated Penalties

The penalty schedule has also been updated to include violations of the Energy Conservation Code (ECC), found in Chapter 10 of the New York City Administrative Code. Penalty amounts range from $300 to $10,000.