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October 10, 2009
Lawyer Rec for ECB Violation
As many of you know, I am enmeshed in a long standing tussle with DOB over an ECB violation. After 4 visits to the DOB court I am no farther along towards resolving my situation and have just been hit with another two citations for not resolving the first one. So basically, I give up trying to handle this myself and need a great attorney who can help me get this monkey off my back. Any recommendations greatly appreciated.
Comments
What is the nature of your violation(s)? Hard to say whether hiring an attorney is the best way to resolve your problem. Offhand, I doubt that it is. Are you aware that the city's currently running a penalty relief program (began Sept. 21 through Dec. 21, 2009)? See: http://www.nyc.gov/html/dof/html/jump/ecb_res.shtml
Posted by: vinca at October 10, 2009 3:21 PM
vinca--its a work without permit thing mostly (deck), although they are also claiming (falsely) that I changed the configuration of my house to make it a double duplex, when I have proof that it was legally converted to double duplex in 1955. What happens is that they make me come to the court, then tell me it will be 6 weeks to a judgment and in the interim they come along and slap me with a violation for not remedying the one I am waiting to hear about. It has happened three times already and the fines are piling up. I have made four appearances at court already and it seems that it doesn't have a resolution in site. So I think I need an attorney to help me navigate through to a resolution.
Posted by: wasder at October 10, 2009 9:45 PM
It’s not clear what evidence, proof of cure, etc., you’ve been bringing to your ECB court appearances, and no need to recount them here. I strongly recommend that you consult an architect or engineer before consulting an attorney. They are supremely qualified to understand your violation, and might even be able to find a resolution that satisfies both you AND the DOB. Though I’ve never dealt with him personally, on the basis of his Forum contributions I’d recommend contacting Smokychimp (Aaron McDonald, AIA, http://www.buildme.net ). If you search the forum archives for “ECB Violation,” you’ll also find the names, contact info, and opinions of others who have weighed in. Hopefully, some of the other architects, code consultants, etc., reading this site will also comment.
I also strongly recommend that you complete and submit the necessary documents in time to qualify for the City’s penalty relief program. You may not want or need to go that route, but it would be foolish to lose the opportunity provided.
I have personal experience dealing with the headache of work done many decades ago WITH a permit, but apparently never signed off. Only through the kindness of more than one DOB employee who helped us navigate the system, and days and hours of various meetings and review of handwritten ledgers, were we able to find the entries that supported our position. The following links describe ECB violations and the resolution process. I assume you’re already familiar with them and have read them carefully, but maybe not. Understanding the existing system and working with and within it is key to resolving your problem:
http://www.nyc.gov/html/dob/html/violations/ecb_violation.shtml
http://www.nyc.gov/html/dob/html/violations/enffaq.shtml
http://www.nyc.gov/html/dob/html/violations/ecbviorefguide.shtml
http://home2.nyc.gov/html/dob/downloads/pdf/ecbvioref1.pdf
http://www.nyc.gov/html/dob/downloads/pdf/infoviol.pdf
Posted by: vinca at October 11, 2009 11:14 AM
wasder, not sure if my real estate attorney deals with these type of issues but he was great with my closing and all of my friends that I recommended him to were very satisfied. He also handled some legal matters for my co-op so he is worth a try. Very reasonable price wise and bulldog personality (which you would want in this case).
Leonard J. Mazzarisi, Jr., Esq.
1203 Bay Ridge Parkway
Brooklyn, New York 11228
(718) 439-2901-tel
(718) 439-2907-fax
lmazzarisi@earthlink.net
Posted by: Kensingtonian at October 12, 2009 9:18 AM
vinca - when is the penalty relief program ending?
Posted by: Arkady at October 12, 2009 9:23 AM
A bulldog? Yeah, I'm sure the DOB will roll right over and apologize for fining
work without a permit.
Arkady: NYC Penalty Relief Program for Homeowners and Business Owners
Application Period: September 21, 2009 – December 21, 2009
http://www.nyc.gov/html/dof/html/jump/ecb_res.shtml
Posted by: vinca at October 12, 2009 10:29 AM
vinca--
I totally hear what you are saying about consulting with an architect/engineer rather than a lawyer and am going to make some inquiries today. The thing is that I have filed certificates of correction but they keep coming back to hit me with not doing so. This is why I think I need a lawyer. Maybe I need both....
Posted by: wasder at October 12, 2009 10:48 AM
vinca, by bulldog I meant someone who cares about his clients and is fairly aggressive and knows the laws. No need for snarky comments. Wasder asked and I responded. He really stepped out for me at a closing with some bank documents that posed a problem and represented our co-op in a fairly ugly battle.
Posted by: Kensingtonian at October 12, 2009 10:49 AM
I meant 'stepped up'
Posted by: Kensingtonian at October 12, 2009 10:50 AM
Thanks, Vinca
Posted by: Arkady at October 12, 2009 11:57 AM
Michael Orlofsky (212) 285-1600. This is the only type of law his practices.
Posted by: staceys at October 13, 2009 4:17 PM
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