Help! the Department of Buildings keeps fining me for the same thing!
The New York City Department of Buildings (DOB) has been pulling a nasty trick in the past few years. A homeowner, maybe someone who has lived in their home, even a small single family home, for decades with no problems, will out of the blue receive a citation for a violation in their home. Sometimes, the fine is THOUSANDS of dollars, and comes with a demand that you demolish part of your home to fix it.
Outrageous, right? But here’s what’s worse.
If you try to fight the ticket, you might get a ticket for the same thing - of course, they say it’s for “non-compliance.” But you’re not guilty! You haven’t had a chance to explain your situation!
And then you get another ticket. and another. Some building owners in NYC have been hit with more than $10,000 in fines for the same alleged violation, before they ever even got a day in court.
Sounds crazy? Read this New York Times article on the exact issue. https://www.nytimes.com/2019/09/09/nyregion/building-violations-fines-debt.html
It’s not fiction. I’ve had clients come to me with over $10,000 in fines from a washing machine in the basement.
What can you do to protect yourself? The first thing is, if you receive a ticket from the DoB, call the experience lawyers at The Law Office of Dusenberry & Dusenberry for a free consulation.
DOB tickets are some of the most confusing and complicated (and expensive) tickets a person will ever receive. Even if you comply, and fix the problem, they can still hit you with a Failure to Comply violation, again, and again. Most people don’t have the time in their busy lives to work through the bureaucracy and red tape of DOB regulations.
If you want to fight the ticket, you will receive a hearing date at the ECB, or Environmental Control Board, at OATH, or the Office of Administrative Trials and Hearings. They are strict. They will not give leniency for mistakes or first offense. They will not reduce penalties and fines out of mercy.
You have a right to bring a lawyer and you should. Your lawyer may even determine that it’s best to go in without you, and fight your case with documents and photographs, instead of allowing you to be cross-examined by the inspectors and the hearing officer.
What should you be prepared to bring in your defense? Documents! Blueprints, old floor plans, Certificates of Occupancy (CoO), old photographs, old tickets that you fought and won, affidavits from people living in the building that would show that you have not made, for example, illegal modifications to your home, and that some modifications were grandfathered in.
But preparing your defense is not enough. A skilled attorney can not only get the fines thrown out, but help you stop the DOB from issuing you more violations while you wait for your hearing.
What if you want to reach a settlement, say, for a lower fine? They don’t just give them out. Your attorney must fight them by, for example, presenting evidence that they brought the wrong charge against you, or that the inspector made mistakes.
Hopefully, this article has explained some of the dangers of DOB violations. With that in mind, I look forward to speaking with anyone and everyone who has read this article and wants to learn more.
Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!
Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
