Ezratty, Ezratty & Levine LLP
New York ECB Violations Attorneys
Experienced Lawyers Representing Landlords and other Property Owners Facing Environmental Control Board Violations
If you own property in New York City that does not comply with the New York City Construction Codes or Zoning Resolution, the Department of Buildings may issue you a notice of violation. These violations are adjudicated by the New York City Office of Administrative Trials and Hearings/Environmental Control Board (OATH/ECB), an administrative tribunal that operates like a court. In many cases, the penalties associated with a violation can range from a few hundred to tens of thousands of dollars, so it is important do everything you can to avoid being found in violation by the ECB.
At Ezratty, Ezratty & Levine, LLP, we are dedicated to representing the rights of NYC property owners that have been accused of violating NYC construction codes or zoning resolutions. We also have years of experience representing landlords in local village and county courts, including Nassau County, for building violations. Our skilled attorneys have decades of experience practicing in real estate law and work hard to resolve each case we accept as favorably as possible. To schedule a case evaluation with one of our real estate attorneys, call our office today at 516-747-5566 or send us an email through our online contact form.
Received a Notice of a Violation? Our Real Estate Attorneys May Be Able to Help
While no one wants to deal with an ECB violation, the last thing that you should do is ignore it. Failing to respond to a notice of violation or attend a hearing will result in a default judgment in which you are found in violation and a penalty of five times the standard penalty will be imposed. Here are some of the ways you can respond to an ECB Notice of Violation:
· Cure the Violation – In some cases, your notice of violation may indicate that you have the option of curing the violation by a specific date. If you cure the violation by the date indicated on the notice, no penalty will be imposed. To cure a violation, you must correct the condition at issue and submit a valid Certificate of Correction.
· Admit the Violation – Another option is simply to admit the violation and submit the standard penalty payment to the Office of Administrative Trial/Environmental Control. If you choose to admit the violation and pay the penalty, you do not need to attend the hearing.
· Stipulate – In some cases, you may enter into a stipulation with the department in which you admit the violation in exchange for an additional 75 days to cure the violation. If you enter into a stipulation, you will not need to attend a hearing and the penalty imposed will be significantly reduced.
· Contest the Violation – Finally, you always have the option of contesting the violation by attending a hearing. At a hearing, you have the right to an attorney and to bring witnesses or present other evidence in your defense. Upon the conclusion of your hearing, the Administrative Law Judge will make a decision that you will receive in the mail.
The course of action that you should take after receiving a notice of violation depends on a number of factors, including the viability of a defense and the potential penalties you are facing. For this reason, you should speak to one of our experienced attorneys regarding your case prior to taking any action that could affect your legal rights.
How Our Lawyers Can Help
As a landlord or building owner, it is critical to do everything you can to ensure compliance with relevant building codes. Failure to do so could result in not only civil penalties imposed by the ECB but also potential liability to tenants. Our lawyers can help after a notice of violation has been issued—but are also qualified to help property owners avoid allegations of violations in the first place. Some of the ways in which our lawyers can assist property owners include the following:
· Educating property owners regarding ECB regulations
· Advising clients about changes to the law that could affect their properties
· Helping property owners identify issues that may become a problem in the future
· Determining the best response to a notice of violation
· Assisting property owners with filing notices of compliance/correction in response to a notice of violation
· Helping modify or lift Building Department stop-work orders
· Representing property owners in ECB hearings
These are just some of the ways that we can help property owners avoid ECB violations and efficiently address them should they arise. As a client of Ezratty, Ezratty & Levine, LLP, we will take the necessary time to fully understand your real estate holdings and identify any potential liabilities you may have. If you are already facing an alleged ECB violation, we will do everything possible to resolve it as favorably as possible and help you avoid future ECB issues from arising.
Call Ezratty, Ezratty and Levine, LLP Today to Speak with a New York ECB Violation Lawyer
If you have received a notice of violation in the NYC area, you should speak to an attorney about your options before taking any action that could result in a monetary penalty. At Ezratty, Ezratty & Levine, LLP, we are qualified to represent property owners accused of any type of ECB violation and provide effective and solution-oriented counsel and representation. To schedule a consultation with one of our lawyers, call our office today at 516-747-5566 or send us an email through our online contact form.