DOB Complaint Violation
I recently had a contractor put up a vestibule in front of my house. I’m pretty sure my neighbor called 311 to complain and so there is an outstanding complaint for “A 1-FAMILY HOME IS DOING CONSTRUCTION, AN EXTENSION IN THE FRONT W/O ANY PERMITS. Category 5.” In the interim, I found out that the…
I recently had a contractor put up a vestibule in front of my house. I’m pretty sure my neighbor called 311 to complain and so there is an outstanding complaint for “A 1-FAMILY HOME IS DOING CONSTRUCTION, AN EXTENSION IN THE FRONT W/O ANY PERMITS. Category 5.” In the interim, I found out that the contractor is not insured and he “lied” to me saying that there was no need to file. (I was STUPID enough to believe him). Short of suing him I feel helpless. I visited a “violations removal” storefront near the DOB offices. They want about $5,000 to cover “legalization” and new house plans, etc… They told me that my house is an R2A 1-family home, and that my vestibule is ahead by 3 feet of my acjacent neighbor’s property. So I will probably need to try to legalize it as is but will most likely need to tear it down and meet DOB code. Additionally, I will need to pay NYC DOB $2,500 in penalties and also risk having my whole house inspected and open to further violations. Have I just opened a “can of worms” ? What if I ignore the violation ? Does the DOB have to issue a violation within 45 days or can they take their time. What should I do – hire an expeditor / violations removal firm with in-house architect & engineer / architect alone ? HELP !!! What if i do NOTHING if I plan to live in the house for the next 5 years or more ? What will be the max penalty I have to pay ? HELP !!!
Definitely don’t wait for the violation to be verified. If it needs to be removed, you can do so, and then the complaint will be dismissed (ie. no fine.) Just talk to a few architects, and come back here and check their reputation.
Thanks for all the great respsonse. Does it make sense to wait to see if I get a Violation or act now on the Complaint ? Its been 30 days since the initial complaint – thanks !!
Ouch!
I would just remove the addition, as painful as it seems. It’s an expensive mistake.
Don’t ignore it since penalties are steep. The first Post on this said to ignore it since everyone does- don’t. Only developers with deep pockets who stand to make a lot of money in the end continue construction and ignore the DOB. Ultimately, they decide to do this because a delay is more expensive than the fines.
Second, I would not try and fight it – this may lead to further inquiries and it seems you don’t want the DOB snooping around. Chances are, you won’t be allowed a variance and you’ll just waste your money. If there are other violations, the fines increase exponentially.
The easiest out is taking two steps back and biting the expense. Good luck
the minimum fine that you are liable for work without a permit is $1500…if your extension is illegal, you have no recourse but to tear it down…like everyone else says, hire an architect asap
This may not go away even after you fix it, but you have to try.
Architects are cheaper than lawyers but you will end up needing both if you ignore it.
Definitely hire an architect with experience in brooklyn and straighten it out. DOB issues will not go away. good luck.
What Gino said. I wouldn’t ignore it, but you should definitely talk to a couple of local architects to see what is acceptable. It’s possible you might have to take your extension down, but maybe not. I wouldn’t give someone $7,500 without getting a second and third opinion.
Were you actually issued a “Violation”?
A complaint can lead to a violation but it may take some time before the DOB sends an inspector.If you didn’t get a violation, perhaps you can get an application into the DOB to file the work before an Inspector makes it out there.
This was an exterior extension???