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 3 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
28-202.1 |
Class 1 |
Additional daily civil
penalties for continued
violations. |
No |
No |
$1,000/per
day |
No |
$25,000 |
NA |
NA |
NA |
NA |
|
28-202.1 |
Class 2 |
Additional monthly civil
penalties for continued
violations. |
No |
No |
$250/month |
No |
$10,000 |
NA |
NA |
NA |
NA |
|
28-202.1 |
Class 2 |
Additional monthly penalty
for continued violation of 28210.2. |
No |
No |
$250/month |
No |
$10,000 |
NA |
NA |
NA |
NA |
|
28-202.1 |
Class 1 |
Additional daily penalty for
Class 1 violation of 28-210.3
– permanent dwelling
offered/used/converted for
other than permanentresidential
purposes. |
No |
No |
$1,000/per
day |
No |
$45,000 |
N/A |
N/A |
N/A |
N/A |
|
28-204.4 |
Class 2 |
Failure to comply with the
Commissioner’s order to file
a certificate of correction
with the Department of
Buildings. |
No |
No |
$1,250 |
Yes |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-207.2.2 |
Class 1 |
Unlawfully continued work
while on notice of a Stop
Work Order. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
28-207.2.5 |
Class 1 |
Tampered with, removed or
defaced a written posted
Stop Work Order. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-207.4.4
(2014 code) &
28-207.4.5
(2022 code) |
Class 1 |
Removed or defaced a
written posted Vacate Order. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-210.1 |
Class 1 |
Residence converted
maintained or occupied as a
dwelling for more than the
legally approved number of
families – Legal two family
converted to a four family
dwelling. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
28-210.1* |
Class 1 |
Dwelling converted,
maintained, or occupied with
3 or more additional dwelling
units than legally authorized
by the C of O or official
records. |
No |
No |
$15,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
*This penalty applies to each additional dwelling unit above the number authorized in the certificate of occupancy. |
|||||||||||
|
28-210.1 |
Class 2 |
Residence converted
maintained or occupied as a
dwelling for more than the
legally approved number of
families authorized by the C
of O or official department
records. |
No |
No |
$2,500 |
No |
$10,000 |
$6,250 |
$10,000 |
10,000 |
$10,000 |
|
28-210.2 |
Class 1 |
Industrial/manufacturing
building converted,
maintained, or occupied for
residential use for 3 or more
additional dwelling units than
legally authorized by the C of
O or official records. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
28-210.2 |
Class 2 |
Industrial/manufacturing
building converted,
maintained, or occupied for
residential use contrary to the
C of O or official records. |
No |
No |
$2,500 |
No |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
28-210.3 |
Class 1 |
Permanent dwelling
offered/used/converted for
other than permanent-residential purposes. |
No |
No |
$5,000 |
No |
$25,000 |
$15,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-210.3 |
Class 2 |
Permanent dwelling
offered/used/converted for
other than permanent-residential
purposes. |
No |
No |
$2,500 |
Yes |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
28-211.1 |
Class 1 |
Filed a certificate, form,
application etc., containing a
material false statement(s). |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-211.1 |
Class 1 |
Filed a certificate of correction
or other related materials
containing material false
statement (s). |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
28-217.1.1 |
Class 2 |
Failure to submit required
report of inspection of
potentially compromised
buildings. |
Yes |
Yes |
$800 |
Yes |
$4,000 |
$2,000 |
$8,000 |
$4,000 |
$10,000 |
|
28-217.1.6 |
Class 1 |
Failure to immediately notify
Department that building or
structure has become
potentially compromised. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
28-301.1 |
Class 1 |
Failure to maintain building in
code compliant manner: Lack
of required number of means
of egress for every floor per
BC 1018.1 (2008 code); 27366;
BC 1021.1 (2014 code); BC 1006.3 (2022 code). |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
25,000 |
|
28-301.1 |
Class 2 |
Failure to maintain building in
code compliant manner.
Exhaust discharge must be no
closer than 10 feet from
building openings as per MC
501.2 (2014 code); MC 501.3
(2022 code) and RS 13-1 Sec.
2- 2.1.4. |
Yes |
No |
$1,250 |
Yes |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
28-301.1 |
Class 1 |
Failure to maintain building in
code-compliant manner. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$12,500 |
$6,250 |
$25,000 |
|
28-301.1 |
Class 2 |
Failure to maintain building in
code-compliant manner. |
Yes |
Yes |
$625 |
Yes |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
$10,000 |
|
28-301.1 |
Class 3 |
Failure to maintain building in
code-compliant manner. |
Yes |
Yes |
500 |
Yes |
$500 |
$500 |
$500 |
$500 |
$500 |
|
28-301.1 |
Class 1 |
Failure to maintain building in
code-compliant manner:
service equipment – boiler. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$12,500 |
$6,250 |
$25,000 |
|
28-301.1 |
Class 2 |
Failure to maintain building in
code-compliant manner:
service equipment – boiler. |
Yes |
Yes |
$625 |
Yes |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
10,000 |
