The duty: one section behind hundreds of violations
Administrative Code 28-301.1 ('Owner's responsibilities') provides that all buildings and all parts of them shall be maintained in a safe condition, that service equipment, means of egress, materials, devices and safeguards required by the code shall be maintained in good working condition, and that the owner is responsible at all times to maintain the building and its facilities in a safe and code-compliant manner.
Because the duty is general, the charge is specific: an inspector cites 28-301.1 together with the code provision for the condition itself - a deteriorated facade or parapet (the parapet duty is spelled out in 28-301.1.1, with an annual observation), boiler and other service equipment out of service, obstructed or defective egress, missing safeguards. If a building system is required and it does not work, 28-301.1 is the section on the summons.
How the penalty is set: class decides the price
Every violation is classified under 1 RCNY 102-01: Class 1 (immediately hazardous), Class 2 (major) or Class 3 (lesser). The Buildings Penalty Schedule then prices each 28-301.1 infraction individually. For the general charge - failure to maintain the building in a safe and code-compliant manner - the schedule reads:
| Class | Standard penalty | Default penalty | Cure available |
|---|---|---|---|
| Class 1 - immediately hazardous | $2,500 in penalties | $12,500 in penalties | No |
| Class 2 - major | $1,250 in penalties | $6,250 in penalties | Yes |
| Class 3 - lesser | $500 in penalties | $500 in penalties | Yes |
- Rows for specific conditions vary: some Class 1 maintenance infractions start at $5,000 in penalties, and aggravated (repeat) offenses reach $25,000 in penalties.
- Certification timing follows the class: a Class 1 certification must reach the Department forthwith; Class 3 and cure-eligible Class 2 violations can be certified within 60 days of service.
- A cure is not a free pass: it is an admission of the violation, it eliminates the penalty and the hearing, and it counts as a predicate violation for the next one.
Why boards accumulate these
Maintenance violations are the compound interest of building management. A condition noted in one inspection cycle - spalling masonry, a boiler room deficiency, a self-closing door that no longer closes - returns as a higher-class, higher-penalty summons when it is still there at the next visit, and aggravated penalties attach to repeats. The violation also sits on the building's public record, where it surfaces in every refinance, unit sale and insurance review until it is certified closed.
How the violation actually closes
The working sequence for a board or owner is:
- Repair the condition itself - the certificate certifies a correction, not an intention.
- Document it: dated photographs and the contractor's invoice are the standard attachments.
- For cure-eligible violations, file the Certificate of Correction within the cure window and the penalty falls to zero; after the window, resolve the summons at OATH and then certify.
- File the Certificate of Correction (AEU-2) and obtain the Administrative Enforcement Unit's approval; confirm the record shows closed in DOB NOW.
DOB Scan checks DOB NOW and the ECB/OATH records for monitored buildings every day, so a new maintenance violation - and the day it closes - never goes unnoticed. Run a free building check.
Sources
- NYC Administrative Code 28-301.1 - owner's responsibilities (American Legal code library)
- 1 RCNY 102-01 - violation classification and the Buildings Penalty Schedule (NYC Buildings, official rule PDF)
Rules and penalty schedules change; the figures above are stated as of the check date. This guide is general information about public records, not legal advice.
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