need expert on handling DOB complaints and/or violations
If a complaint is filed and is dismissed for lack of access, and then another complaint is filed, and it is actually sent by DOB to a coop board member, and is not answered, are there legal/financial consequences? We’d like to speak with someone who knows,- any suggestions welcome.
If a complaint is filed and is dismissed for lack of access, and then another complaint is filed, and it is actually sent by DOB to a coop board member, and is not answered, are there legal/financial consequences? We’d like to speak with someone who knows,- any suggestions welcome.
The matter has to be addressed and resolved…
perhaps this site can supply you with the answers
to your question:
http://www.nyc.gov/html/dob/html/violations/ecbviorefguide.shtml
No–I got your question. To keep a long story short I didn’t convey that what you’re describing is how all my DOB adventures started. Unless you got busted by a roaming officer, all the violations begin with the good old 311 phone call. Then they are investigated and either dismissed or grow into violations that need to be fixed or stop work orders. If is a one off noise call you probably won’t be tracked down. If the person says something like “my landlord has not taken care of a roach/rodent/heat issue” then they will probably wait for a volume of complainst before coming. But, “I smell gas” and they will be at your door with Con Ed same day. It has a strong relationship to the severity of the complaint. I would make a proactive call and try to get some answers. You won’t get anything but the run around so write the date and time and name of the person who eventually will transfer you to nowhere or hangup on you entirely so when the DOB does find you you’ll avoid the failure to respond violation being slapped on top of the other violation.
But I am not an expert just a landlord in the city for about 15 years.
I think you slightly misunderstood my question. No violation have been issued, only a complaint. After being unable to access the building, a letter was sent to call for inspection or an access warrant may be obtained. I would think it is unliklely that they would get a warrant for a 311 complaint. So my question is, can you get fined for not responding and what is the likelihood that a warrant would be sought out ?
I think you slightly misunderstood my question. No violation have been issued, only a complaint. After being unable to access the building, a letter was sent to call for inspection or an access warrant may be obtained. I would think it is unliklely that they would get a warrant for a 311 complaint. So my question is, can you get fined for not responding and what is the likelihood that a warrant would be sought out ?
Oh yes. Lot’s of consequences and annoyance. When I purchased a slightly beat up six unit brownstone years ago, there were several outstanding DOB and HPD violations. As a condition of the sale I insisted the were worked through. Months later, we close and I think all is fine and my lawyer assures me it is. But I start getting notices from the DOB and HPD. A tenant was calling in violations but not giving the rep. access and it essentially became a scheduling nightmare and finally I ended up in the DOB answering to the alleged violations. Most were dismissed (so to speak, it’s not like court–but kind of) but it was an expensive and time consuming exercise. And it caused a lot of distress between myself and the tenant. One thing to note–if someone in the co-op is calling in the violations they are very likely to turn out to be HPD violations (they deal with quality of life/apartment issues) not DOB unless someone is wdoing major work without a permit in the building. That is expensive as hell, too.