Two different things arrive looking the same
A DOB violation and an OATH summons both turn up as paperwork about your building, and they are resolved in completely different ways. Getting the two confused is the usual reason a violation is still open months after the condition was fixed.
A DOB violation has no hearing
In the Department’s own words, there is no court appearance associated with a DOB violation. You correct the condition and give proof to the unit that issued it. An OATH summons is a case at an administrative law court, with a cure period, a stipulation offer, a hearing date and a default penalty if you ignore all of them.
The three classes
The class describes how dangerous the condition is, not how much you will pay. DOB publishes definitions for all three and a flat penalty figure for one of them.
Immediately hazardous
A condition posing a threat that severely affects life, health, safety, property or the public interest. It must be corrected immediately, and a Certificate of Correction filed to prove it was.
Not corrected and certified in time: a $5,000 DOB civil penalty, and re-inspection every 60 days until it is.
Major
A condition that affects life, health, safety, property or the public interest, but does not require immediate corrective action.
The Department does not publish a single figure. The penalty depends on the summons, and on whether you cure, stipulate, pay or go to a hearing.
Lesser
A condition with a lesser effect on life, health, safety, property or the public interest than a Class 1 or Class 2.
As above. Lesser describes the hazard. It does not lower what the summons costs.
You will find per-class fine ranges and correction deadlines published elsewhere as a neat table. DOB does not publish one, and the figures move with the summons, the stipulation and whether you appear.
Five things you can do with an OATH summons
Cure
Available on eligible summonses only. Correct the condition within the cure period and certify it, and the penalty is zero with no hearing.
Stipulation
Admit the violation in exchange for more time to fix it. Correct it by the compliance date in the offer and you pay a reduced penalty and skip the hearing.
Pay before the hearing
Pay the penalty without contesting. This resolves the summons; it does not correct the condition, and the condition is what gets re-inspected.
Go to the hearing
Dispute it at OATH. OATH is the City’s independent administrative law court. It is not part of DOB and does not issue the summons; a DOB inspector does.
Do none of these
Failing to cure, stipulate, pay or appear puts the summons in default, which DOB sets at up to $25,000 depending on the violation.
Correcting it is only half of it
The Department finds out your building is fixed when it accepts a Certificate of Correction, not when the work happens. Until then an uncertified Class 1 carries a $5,000 civil penalty and comes back for re-inspection every 60 days, on a condition that no longer exists.
Certificates are filed in DOB NOW: Safety. The AEU2, AEU20 and AEU3321 forms are no longer uploaded. That information goes straight into the request, with the supporting documents DOB lists. A disapproved Certificate can be resubmitted or disputed. Where the summons was for work without a permit, the civil penalties are paid before the Certificate is approved.
Two other figures the Department states plainly: an illegal conversion runs $1,000 a day to a $45,000 maximum, and ignoring a summons entirely carries a default penalty of up to $25,000.
What we actually do here
We correct conditions and document them: suppression systems, extinguishers, emergency lighting, hoods and ducts, and the photographs and sign-offs that make a Certificate of Correction acceptable. That is trade work, and it is the part that decides whether the certification is accepted.
We do not appear at OATH for you and we are not attorneys. If what you need is a hearing defended, we will tell you that and you should hire for it.
Common questions
- Is a DOB violation the same as an OATH summons?
- No, and the difference decides what you do next. DOB says there is no court appearance associated with a DOB violation: you correct the condition and give proof to the unit that issued it. An OATH summons is a case, and you cure it, stipulate, pay it or appear. Treating one like the other is the most common way a violation stays open.
- Where do I look mine up?
- The Buildings Information System at nyc.gov/bis, by address or BIN. Certificates of Correction are filed separately, through DOB NOW: Safety.
- What does a Certificate of Correction need?
- It is filed in DOB NOW: Safety. The AEU2, AEU20 and AEU3321 forms are no longer uploaded; that information is entered directly into the request instead, alongside the supporting documents DOB lists. If it is disapproved you can resubmit or dispute the decision. For work without a permit, the civil penalties have to be paid before the Certificate is approved.
- How much is this going to cost me?
- The only figures the Department publishes flatly are the penalty ones: $5,000 for an uncertified Class 1, $1,000 a day for an illegal conversion up to a $45,000 maximum, and default penalties up to $25,000. What the correction itself costs depends entirely on the condition. Anyone quoting you a per-class price before seeing the summons is guessing.
- Can you represent me at the hearing?
- No. We correct the physical condition and produce the documentation that proves it was corrected — the suppression work, the extinguishers, the emergency lighting, the photographs and the sign-offs. Representation at OATH is somebody else’s job, and we will say so rather than take the work.
- The condition is fixed. Why is the violation still open?
- Because correcting and certifying are two separate acts. The Department learns the condition is gone when the Certificate of Correction is accepted, not when the work happens. An uncertified Class 1 keeps accruing its penalty and keeps being re-inspected every 60 days while the building is, in fact, fine.
Sources
Every figure on this page is quoted from a Department of Buildings page, read on 2026-09-18.