How a violation is corrected, start to finish
Every step comes from a City document, cited below.
First — is this your flow?
What follows covers one thing: a summons issued by the Department of Buildings and heard at OATH. The records below go a different way — do not follow these steps for them.
A plain DOB violation (no hearing)
No OATH case. Correct the condition, give proof to the ISSUING UNIT, pay applicable DOB civil penalties. Serious conditions can additionally draw a Criminal Court summons.
NYC Department of Buildings — Resolve a Summons or Violation ↗HPD housing maintenance violation
A different agency with its own classes — A (non-hazardous), B (hazardous), C (immediately hazardous), plus class I for Orders to Repair / Vacate — and its own certification.
NYC Housing Preservation & Development — Clear Violations ↗Sanitation / FDNY / DEP / DOT / DOHMH / Landmarks summons
Heard at OATH like DOB's, so the hearing branch is shared — but each agency certifies correction its own way, and the respondent is often the TENANT business rather than the owner.
A condition exists
Something at the property does not comply with a provision of law the Department enforces. Enforcement is overwhelmingly complaint-driven.
311 complaint or inspection
An inspector attends. Complaints come from the public through 311, from other City agencies and from DOB's own inspectors — and not every violation starts with a complaint: development inspections and required periodic filings produce them too.
The complaint is given a priority code, A to D(continues)
How fast DOB aims to send someone depends on how serious the complaint sounds — within a day for the most hazardous, about 40 days for serious ones, longer for the rest. These are targets DOB sets for itself, not deadlines it owes you, and for the two least urgent categories it has set no required time frame at all.
The inspection finds nothing — no violation is issued(ends here)
A complaint is a report, not a finding. It can close with no violation, and the complaint record is not itself a penalty.
The summons is served — and it is an ORDER, not just a charge
Two separate legal things arrive on one piece of paper: a charge to answer at OATH, and the Commissioner's order to correct AND certify. Read four fields off the face of it — the class, the CURE Date, the infraction code, and whether it says you must appear.
Note: Work to FORTY days, counted from the earliest date on your paper — in practice the issue date printed on the summons. The rule itself says sixty (amended November 2022), but DOB and OATH material printed as recently as 2026 still says forty, and being early costs nothing while being late can cost the whole zero-penalty cure. If forty days has already passed, file anyway: you are very likely still inside the rule's sixty. A printed CURE Date overrides the arithmetic entirely.
Answer the summons at OATH
A separate obligation from correcting. Every summons needs a response, and the response and the correction do not substitute for each other.
Note: Five times the standard penalty, subject to a ceiling: no default penalty in the rule's schedule exceeds $25,000, and Class 2 and Class 3 defaults stop at $10,000 — so on the largest standard penalties the multiple works out smaller. The Charter states it as the maximum prescribed by law for that charge, which is what the schedule then sets. What yours would be is fixed by the infraction code printed on your summons.
Cure — zero penalty, no hearing(continues)
Correct everything and get an acceptable COC in by the CURE Date. It is an ADMISSION, and it counts as a predicate against you if you are cited again. Never available on an Aggravated I or II charge, whatever the schedule's cure column says.
⚠ Tick the Cure Request box — or the cure does not happen(continues)
A silent failure the City itself flags: everything else done right, the box unticked, and you get an ordinary approval plus a hearing you must attend.
Stipulation — reduced penalty, 75 more days(continues)
An admission that buys 75 days from the first scheduled hearing date to correct AND file. Miss that and any reduced penalty is put back up to the standard one. A decision on a stipulation cannot be appealed.
Admit and pay before the hearing(continues)
Paying is an admission and waives the hearing and any appeal. It does not close the violation.
Move the hearing — once per party, per summons(continues)
For someone who cannot attend, this is the difference between a hearing and a default. OATH also offers phone, online and by-mail hearings.
Hearing — dismissed(ends here)
The only ending needing neither certification nor payment. DOB may still re-inspect, reissue, or appeal.
Hearing — in violation, or a mitigated (half) penalty(continues)
Even a mitigated penalty leaves the Commissioner's order standing: an acceptable certificate must still be filed.
Do nothing — default(goes nowhere)
Every fact alleged is deemed admitted and the maximum penalty prescribed for the charge is imposed, with no hearing. The violation ALSO stays open. Then: notice, a 30-day window to avoid judgment, judgment (capped at $25,000 per respondent, alive 8 years), collection, loss of City licences and permits, and ultimately a tax lien.
Reopen a default — once, and not only within 75 days(goes back)
A first request within 75 days of the default DECISION is granted as of right. After that, within one year with a reasonable excuse, a Hearing Officer decides. Default twice on the same summons and there is no third chance.
Appeal — 30 days, and pay first(goes back)
Filed within 30 days of the decision (35 if mailed), and the penalty must already be paid in full. You cannot appeal a default, a refusal to reopen one, or a plea. For DOB summonses the Appeals Unit only RECOMMENDS — the Board issues the final determination.
Get any permit the correction needs
A correction done without the permit it required is not an approvable correction. Permits and job numbers go into the description of what was done — and the job must be signed off. DOB's own plan review can run past the correction deadline.
Correct the condition — all of it
Class 1 must be corrected forthwith. For Class 2 and 3 the rule allows sixty days, and that window has to cover filing the certificate as well as doing the work — though we advise planning around forty, for the reason given at step 3. Partial correction is not acceptable, and where one summons lists several conditions, a single certificate must cover them all.
Note: Work to FORTY days, counted from the earliest date on your paper — in practice the issue date printed on the summons. The rule itself says sixty (amended November 2022), but DOB and OATH material printed as recently as 2026 still says forty, and being early costs nothing while being late can cost the whole zero-penalty cure. If forty days has already passed, file anyway: you are very likely still inside the rule's sixty. A printed CURE Date overrides the arithmetic entirely.
Get any Stop Work or Vacate Order lifted
An order still live at the place of occurrence blocks the COC. The issuing unit lifts it — not AEU.
Pay or waive the DOB civil penalties
A different pot of money from the OATH penalty, and it blocks approval. Work Without a Permit penalties cannot be paid online — they are paid at the borough office that issued the summons. For an AEUHAZ penalty the block is statutory and also stops permits, a C of O and the lifting of a Stop Work Order.
File the Certificate of Correction in DOB NOW: Safety
Online only, with an NYC.ID account. Three roles must be named — Submitter, Certifier (personal knowledge of the correction) and Corrector (who did the work) — and if the submitter is neither the respondent nor the owner, the owner logs in SEPARATELY to attest. Documents: how it was corrected, proof the DOB penalties were paid, and supporting proof.
Note: Get it notarized. The documents conflict — the rule requires it, DOB's FAQ says the attestation replaced it — and the two mistakes are not the same size: a notarisation that was not needed costs a few dollars and an errand, while missing one that was required costs a disapproval and weeks off a deadline already running. Nothing is ever rejected for being notarized. Note also that the June 2026 guide still requires it for a LICENSED PROFESSIONAL'S statement regardless.
AEU reviews it
DOB reviews everything submitted and notifies you either way. No published turnaround: the only figure on record is an internal goal of 21 days, reported for a submission channel that no longer exists.
Approved(continues)
The summons is resolved. If a default penalty was imposed, acceptance also cuts it: halved, or down to the standard penalty, whichever is greater.
Disapproved — resubmit, or dispute (not the same choice)(goes back)
RESUBMIT replaces the rejected document or adds what was missing. DISPUTE is judged on what you already sent and nothing can be added — so a disapproval for a missing document is almost never a dispute. Ten of each, maximum.
Approved — then re-inspected anyway(continues)
DOB audits a sample of approved certificates by re-inspecting, to check the work was really done and the documents were not false. What happens to an approval that fails that audit is not something the City publishes anywhere we could find.
The record changes: Dismissed or Resolved
Only now does the public profile change, and the entry is not deleted — its status changes. An uncorrected Class 1 meanwhile draws a fresh FTC summons every 60 days, so the record grows while it waits.
Where it can stop
Only the first two clear the record.
Resolved
Corrected, certified, AEU approved.
Dismissed
Won at the OATH hearing. No certification, no payment.
Default — penalty owed, record still open
Missed the hearing. Facts deemed admitted, the maximum penalty for the charge, and the violation does not close. Certifying later still halves the default penalty.
Judgment and collection
Unpaid: a judgment of up to $25,000 per respondent, alive for 8 years, City licences and permits withheld, and ultimately a tax lien that can be sold.
Open indefinitely
Never certified — ignored, or the penalty was paid and correction never filed. 189,799 ECB violations across 81,122 buildings are ACTIVE with a zero balance (dataset 6bgk-3dad, our own measurement 2026-08-13 — re-run before republishing).
Done to you (HPD only)
HPD's Emergency Repair Program: the City does the work and bills the building. Not this flow.
Hold it against your own paper
The genuine form as the City publishes it, with every field blank. Hold your own paper beside it to find the fields below.
DOB's official summons template (English)- SUMMONS NUMBER
- HEARING DATE
- CURE DATE (Zero Penalty Option, if available)
- Must Appear: (If disputing the charge)
- COMMISSIONER'S ORDER TO CORRECT VIOLATING CONDITION(S) AND CERTIFY CORRECTION
- Infraction Code / Class
DOB publishes this in eleven languages. Other languages
Common questions
I paid the penalty. Is it over?
No. Paying settles the charge; certifying correction closes the violation. Only the second one changes the building's record.
How long do I have?
Class 1 forthwith. For Class 2 and 3, work to FORTY days from the earliest date on your paper. The rule was amended in 2022 and now says sixty — but City material printed as recently as 2026 still says forty, so we advise the shorter one: filing early costs nothing, filing late can cost the whole zero-penalty cure. If forty days has passed, file anyway; you are very likely still inside the rule's sixty.
I am curing. Is there anything easy to get wrong?
Yes, one thing: tick the Cure Request box when you file. Everything else right and that box unticked gets you an ordinary approval and a hearing you must attend.
Do I need a notary?
Get it notarized. City documents disagree — the rule requires it, DOB's FAQ says the online attestation replaced it — so we advise the side that cannot hurt you. A notarisation you did not need costs a few dollars; a missing one that was required costs a disapproval and weeks off a deadline that is already running.
The fix needs a permit. Does that matter?
Yes — a correction made without a required permit is not an approvable correction, and the job has to be signed off. DOB's own plan review has run past the deadline and produced further penalties.
I missed my hearing. Is it too late?
No. A first request to reopen within 75 days of the default decision is granted as of right; after that, within one year with a reasonable excuse, a Hearing Officer decides. But default a second time on the same summons and there is no further chance.
I defaulted and the penalty is huge. Does fixing it help now?
Yes, and this is the most useful thing here for someone in that position. Once DOB accepts a certificate of correction, the default penalty is cut to half — or down to the standard penalty, whichever of those is greater.
I won at the hearing. Do I still have to certify?
No — dismissal is the one ending that needs neither certification nor payment. A reduced (mitigated) penalty is not a dismissal: there you still have to certify.
Can I appeal?
Within 30 days of the decision, 35 if it was mailed — and the penalty has to be paid in full first. You cannot appeal a default, a refusal to reopen one, or a plea.
My expeditor is filing for me. Do I have to do anything?
Yes — you log in separately and attest that you authorised them. Their submission does not complete without it.
Where the City's own documents disagree
Not our opinion — official documents say different things. Both sides are shown, with what to do about it.
Is the correction and cure period 40 days or 60 days?
Work to FORTY days, counted from the earliest date on your paper — in practice the issue date printed on the summons. The rule itself says sixty (amended November 2022), but DOB and OATH material printed as recently as 2026 still says forty, and being early costs nothing while being late can cost the whole zero-penalty cure. If forty days has already passed, file anyway: you are very likely still inside the rule's sixty. A printed CURE Date overrides the arithmetic entirely.
- SIXTY days, from the date of service — the promulgated rule
“Violations classified as major or lesser must be corrected within sixty days from the date of service of the NOV.” — 1 RCNY §102-01 — Violation classification and certification of correction (current amendment effective 12-21-25) - sixty for the cure as well
“In order to cure, a certificate of correction acceptable to the Department must be filed at the Department within sixty days from the date of service of the NOV.” — 1 RCNY §102-01 — Violation classification and certification of correction (current amendment effective 12-21-25) - forty — superseded on 2022-11-20, and still in circulation
“Extend the cure period for violations of the New York City Construction Codes, Electrical Code, Zoning Resolution and rules that are classified as Class 2 “Major” and Class 3 “Lesser” violations from 40 to 60 days from the date of service of a Notice of Violation.” — Promulgation details for 1 RCNY §102-01 (amendment history) (the relevant amendment is effective 11-20-22) - forty — DOB's own AEU presentation, still served today
“Respondent must correct the violating condition(s) and certify correction to the Department within 40 days of service of the violation/summons.” — Violation/Summonses Scheduled for Hearings at OATH/ECB (AEU presentation) - forty — OATH was still printing this in Feb 2026
“the individual or business listed on the summons must fix the condition and get DOB to certify the correction within 40 days of the issuance of the summons.” — How To Obtain A "Cure" For Your Department of Buildings ("DOB") Violation(s) (Feb 2026)
Does the Certificate of Correction have to be notarized?
Get it notarized. The documents conflict — the rule requires it, DOB's FAQ says the attestation replaced it — and the two mistakes are not the same size: a notarisation that was not needed costs a few dollars and an errand, while missing one that was required costs a disapproval and weeks off a deadline already running. Nothing is ever rejected for being notarized. Note also that the June 2026 guide still requires it for a LICENSED PROFESSIONAL'S statement regardless.
- yes — the rule requires it
“The certification shall be signed by one with personal knowledge of the correction of the violating condition and notarized by a notary public or commissioner of deeds.” — 1 RCNY §102-01 — Violation classification and certification of correction (current amendment effective 12-21-25) - no — DOB says the attestation replaced it
“No. The notary requirement has been replaced by the attestations provided found in the Statements and Signature tab.” — Certificate of Correction Frequently Asked Questions
By the CURE date, must the COC be SUBMITTED, or APPROVED?
Aim for APPROVAL, not submission. The rule's word is 'acceptable', which is a judgement DOB makes after you file — so filing on the last day cannot produce an acceptable certificate in time. AEU's own review goal has been reported at 21 days; leave at least that much room.
- filed and acceptable
“In order to cure, a certificate of correction acceptable to the Department must be filed at the Department within sixty days from the date of service of the NOV.” — 1 RCNY §102-01 — Violation classification and certification of correction (current amendment effective 12-21-25) - approved
“PLEASE NOTE: Your Certificate of Correction is NOT COMPLETE until it is APPROVED by the DOB.” — How To Obtain A "Cure" For Your Department of Buildings ("DOB") Violation(s) (Feb 2026)
The 75 days to reopen after a default — 75 days from what?
The rule's clock starts later, so counting from the missed hearing date is always safe. Never treat day 76 as the end: the grant of right runs from the decision, and past that a request within ONE YEAR with a reasonable excuse is still decided by a Hearing Officer. You get this once per summons.
- from the mailing or hand delivery of the default decision — the rule
“A first request for a new hearing after default by a Respondent that is submitted within seventy-five (75) days of the mailing or hand delivery date of the default decision will be granted.” — 48 RCNY Chapter 6 — Hearings, Appeals and Defaults (§6-05, §6-09, §6-18, §6-19, §6-20, §6-21) - from the missed hearing date — OATH's own FAQ
“If the request for a new hearing is received by the OATH Hearings Division within 75 days of the date of the missed hearing date, then OATH will grant the request.” — Hearings and Defaults
Is a default penalty five times the standard penalty?
Five times the standard penalty, subject to a ceiling: no default penalty in the rule's schedule exceeds $25,000, and Class 2 and Class 3 defaults stop at $10,000 — so on the largest standard penalties the multiple works out smaller. The Charter states it as the maximum prescribed by law for that charge, which is what the schedule then sets. What yours would be is fixed by the infraction code printed on your summons.
- the maximum prescribed by law — the Charter
“such failure to plead or appear shall be deemed, for all purposes, to be an admission of liability and shall be grounds for rendering a default decision and order imposing a penalty in the maximum amount prescribed under law for the violation charged.” — NYC Charter §1049-a - five times, per DOB's web page
“If you fail to attend your hearing, you will be found in violation and a penalty five times higher than the standard amount will be imposed.” — OATH Hearings & Penalties
Sources
Every step above comes from one of these, so you can check us. Those marked outdated are still published by the City but have been superseded.
- 1 RCNY §102-01 — Violation classification and certification of correction — NYC Department of Buildings, current amendment effective 12-21-25
- Promulgation details for 1 RCNY §102-01 (amendment history) — NYC Department of Buildings, the relevant amendment is effective 11-20-22
- 1 RCNY §102-05 — Civil penalty for failure to certify correction of an immediately hazardous violation — NYC Department of Buildings
- 48 RCNY Chapter 6 — Hearings, Appeals and Defaults (§6-05, §6-09, §6-18, §6-19, §6-20, §6-21) — NYC Office of Administrative Trials and Hearings
- NYC Charter §1049-a — New York City Charter
- Local Law 51 of 2014 (enacting Admin. Code §28-219.3) — City of New York
- Summonses — NYC Department of Buildings
- What is an OATH Summons? — NYC Department of Buildings
- Certificate of Correction — NYC Department of Buildings
- Certificate of Correction Frequently Asked Questions — NYC Department of Buildings
- Resolve a Summons or Violation — NYC Department of Buildings
- AEUHAZ (Immediately Hazardous) Violations — NYC Department of Buildings
- Violation Issued — NYC Department of Buildings
- Hearings and Defaults — NYC Office of Administrative Trials and Hearings
- OATH Hearings & Penalties — NYC Department of Buildings
- Payments / Penalties — NYC Office of Administrative Trials and Hearings
- File a Complaint — NYC Department of Buildings
- Clear Violations — NYC Housing Preservation & Development
- Certificate of Correction (COC) Review Request — DOB NOW: Safety User Guide — NYC Department of Buildings, June 2026
- Violation/Summonses Scheduled for Hearings at OATH/ECB (AEU presentation) — NYC Department of Buildingsoutdated
- How To Obtain A "Cure" For Your Department of Buildings ("DOB") Violation(s) — NYC Office of Administrative Trials and Hearings, Feb 2026outdated
- Instructions for Certifying Correction (AEU2) — NYC Department of Buildings, 05/13outdated
- Audit Report on the Department of Buildings' Response and Follow-up to Complaints (MD19-122A) — NYC Comptroller (audit OF the Department of Buildings), November 20, 2020
- Audit of the New York City Department of Buildings' Enforcement of Building Codes (ME24-059A) — NYC Comptroller (audit OF the Department of Buildings), April 21, 2025
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