ABOUT ADMINISTRATIVE PENALTY SCHEDULE
The Administrative Penalty Schedule under the New York City Department of Buildings (DOB) Construction Codes is a comprehensive document that outlines the fines and penalties imposed for violations of construction-related regulations within the city. This penalty schedule serves as a crucial tool in enforcing compliance with building codes, zoning laws, and other regulations aimed at ensuring public safety and building integrity.
The Administrative Penalty Schedule under the NYC DOB Construction Codes plays a crucial role in promoting regulatory compliance, ensuring public safety, and maintaining the integrity of New York City’s built environment. Compliance with DOB regulations and timely correction of violations are essential for property owners, contractors, and building professionals to avoid penalties, protect public safety, and contribute to the overall well-being of the city’s residents and visitors.
Seeking Professional Guidance
Given the intricacies of New York City’s Department of Buildings regulations, homeowners and business owners are encouraged to seek professional guidance from consultants, architects, engineers, and legal experts familiar with local construction codes. These professionals can help navigate the regulatory landscape, ensure compliance, and streamline the permitting process.
PENALTY SCHEDULE TABLE (Use Ctrl-F to find a specific term)
Administrative Penalty Schedule Table (Title 28 Part 2 of 6)
| Section of Law | Classification | Violation Description | Cure | Stipulation | Standard Penalty | Mitigated Penalty | Default Penalty | Aggravated I Penalty | Aggravated I Default Penalty | Aggravated II Penalty | Aggravated II Default Penalty - Max Penalty |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
28-105.12.2 |
Class 2 |
Work does not conform to
approved construction
documents and/or approved
amendments in a
manufacturing district for
residential use. |
No |
No |
$2,500 |
Yes |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
28-105.12.2 |
Class 1 |
Place of Assembly contrary
to approved construction
documents. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-105.12.2 |
Class 1 |
Outdoor Advertising
Company sign work does
not conform to approved
construction documents or
amendments. |
No |
No |
$10,000 |
Yes |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-110.1(20)
(2014 code) &
28-110.1(17)
(2022 code) |
Class 1 |
Failure to provide evidence
of workers attending
construction & safety course. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
28-116.1 |
Class 2 |
Failure of permit holder to
provide inspection access to
and/or expose ongoing
construction or work on an
active and permitted
worksite. |
No |
No |
$2,500 |
Yes |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
28-116.2.4.2 |
Class 2 |
Failure to conduct or file a
final inspection of permitted
work with the Department. |
Yes |
Yes |
$1,250 |
Yes |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-116.4.1 |
Class 2 |
Operation of service
equipment without
Certificate of Compliance. |
Yes |
Yes |
$625 |
Yes |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
$10,000 |
|
28-117.1 |
Class 1 |
Operation of a Place of
Assembly without a current
Certificate of Operation. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-117.1 |
Class 2 |
Operation of a Place of
Assembly without a current
Certificate of Operation. |
Yes |
No |
$800 |
Yes |
$4,000 |
$2,000 |
$8,000 |
$4,000 |
$10,000 |
|
28-118.1 |
Class 1 |
Building or open lot occupied
without a valid certificate of
occupancy. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-118.3 |
Class 1 |
Altered/changed building
occupied without a valid
Certificate of Occupancy as
per §28-118.3.1 – §28118.3.2. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-118.3 |
Class 2 |
Altered/changed building
occupied without a valid
Certificate of Occupancy as
per §28-118.3.1 – §28118.3.2. |
Yes |
Yes |
$1,250 |
Yes |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-118.3 |
Class 1 |
Change in occupancy/use of
C of O as per §28-118.3.1 –
§28-118.3.2 by operating a
Place of Assembly as per
when current C of O does
not allow such occupancy. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
28-118.3 |
Class 2 |
Change in occupancy/use of
C of O as per §28-118.3.1 –
§28-118.3.2 by operating a
Place of Assembly as per
when current C of O does
not allow such occupancy. |
Yes |
No |
$250 |
Yes |
$1,250 |
$625 |
$3,125 |
$1,250 |
$6,250 |
|
28-118.3.2 |
Class 1 |
Occupancy contrary to that
allowed by the Certificate of
Occupancy or Buildings
Department records. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-118.3.2 |
Class 2 |
Occupancy contrary to that
allowed by the Certificate of
Occupancy or Buildings
Department records. |
Yes |
Yes |
$1,250 |
Yes |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-118.3.2 |
Class 3 |
Occupancy contrary to that
allowed by the Certificate of
Occupancy or Buildings
Department records. |
Yes |
Yes |
$500 |
Yes |
$500 |
$500 |
$500 |
$500 |
$500 |
|
28-118.3.2.1 |
Class 3 |
Address, block and/or lot, or
metes and bounds of zoning
lot contrary to Certificate of
Occupancy |
Yes |
Yes |
$500 |
Yes |
$500 |
$500 |
$500 |
$500 |
$500 |
|
28-120.1 |
Class 1 |
Failure to file a required
Tenant Protection Plan |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-120.1.3 |
Class 2 |
Failure to post or distribute
Notice of TPP meeting
requirements. |
No |
No |
$625 |
Yes |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
$10,000 |
|
28-120.1.3 |
Class 2 |
Failure to post and distribute
Notice to occupants of TPP. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-201.1 |
Class 1 |
Unlawful acts. Failure to
comply with Commissioner’s
order. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-201.1; 28207.4 |
Class 1 |
Failure to obey a Vacate
Order from the
Commissioner per 28-207.4. |
No |
No |
$4,800 |
No |
$24,000 |
$12,000 |
$25,000 |
$24,000 |
$25,000 |
|
28-201.1 |
Class 1 |
Unlawful acts. Failure to
comply with a law, rule, or
Commissioner’s order
involving construction and/or
equipment safety operations. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-201.1 |
Class 2 |
Unlawful acts. Failure to
comply with a law, rule, or
Commissioner’s order
involving construction and/or
equipment safety operations. |
No |
No |
$5,000 |
No |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
|
28-202.1 |
Class 1 |
Additional daily penalty for
Class 1 violation of 28-210.1
or 28-210.2. |
No |
No |
$1,000/per
day |
No |
$45,000 |
NA |
NA |
NA |
NA |
|
28-202.1 |
Class 2 |
Additional monthly penalty
for continued violation of 28210.1. |
No |
No |
$250/month |
No |
$10,000 |
NA |
NA |
NA |
NA |
