Department of Buildings Violation

I am in the process of filing for a permit to have some work done on my recently purchased home. The contractor who filed the permit with the DOB, says I have open violations and he cannot process HIS permit without clearing up past due permits.

The violation was from 2 owners ago. Illegally occupied basement with gas stove, and shower and partition walls to create bedrooms.

The penalty imposed of $800 and was paid. Balance due is zero according to public records.

However the violation was never CLOSED. The previous owner simply paid the fines. According to my contractor I would need to file permits to demolish the shower and kitchen. And pay a fee of $6000 to the DOB/ECB to clear up the violation. That doesn’t include the actual cost of demolition.

I need a certificate of Correction. See language below from DOB’s website:

“A Certificate of Correction must be submitted to the Administrative Enforcement Unit (AEU) for all violations. A violation that is not dismissed by ECB will continue to remain ACTIVE or “open” on DOB records until acceptable proof is subm itted to the AEU, even if you have paid the penalty imposed by ECB.”

Since I never violated any laws can I argue my case with the ECB/DOB?

Is this something my lawyer was supposed to disclose to me? Does her liability insurance cover this? Had I known I owe $6000 I would have negotiated that with the seller.

I am very nervous/confused and not sure what to do next. I feel if I call my lawyer she will immediately go into Cover Your Ass mode.

Please help

decoart

in Dept. of Buildings (DOB) 6 years and 5 months ago

21

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21 replies

Guest User | 6 years and 5 months ago

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sorry your purchasing team put you in this situation, a cursory search of the DOB’s records should have brought this outstanding violation to your attorney’s attention. i think your first step should be to call the Administrative Enforcement Unit at DOB to discuss the situation with them. (212) 393-2405