NYC Environmental Control Board Violations: The 2025 Guide — D.O.B. Guard Resources

NYC Environmental Control Board Violations: The 2025 Guide

The NYC Environmental Control Board (ECB) is the enforcement arm for 15+ city agencies, issuing over 125,000 violations annually with $78 million in civil penalties. Unlike standard DOB violations that can be corrected and dismissed, ECB summonses are mandatory civil penalties requiring OATH hearings or immediate payment. For property owners across Manhattan, Brooklyn, Queens, Bronx, and Staten Island, understanding how the Environmental Control Board operates—and how to respond to ECB violations—can mean the difference between a $500 fine and a $25,000 lien on your property.

What Is the NYC Environmental Control Board?

The Environmental Control Board (ECB) was established in 1970 as an administrative tribunal to adjudicate violations of NYC's environmental, building, health, and safety codes. ECB operates under the NYC Office of Administrative Trials and Hearings (OATH), which conducts civil penalty hearings for violations issued by multiple city agencies.

Key Facts About ECB:

  • Location: 100 Church Street, New York, NY 10007 (Tribeca, Manhattan)
  • Jurisdiction: Citywide — all five boroughs (Manhattan, Brooklyn, Queens, Bronx, Staten Island)
  • Annual volume: 125,000+ ECB summonses issued (2024 data)
  • Total penalties: $78 million in civil fines collected annually
  • Default rate: 43% of all ECB cases result in default judgment (property owner fails to respond)
  • Legal status: Civil penalties (not criminal), but can result in property liens and debt collection

Which NYC Agencies Issue Environmental Control Board Violations?

ECB violations can be issued by any of these 15+ NYC agencies:

Agency Violation Types Annual Volume (2024)
DOB (Department of Buildings) Construction, permits, unsafe conditions, Stop Work Orders 48,000
HPD (Housing Preservation & Development) Housing maintenance, heat/hot water, mold, lead paint 35,000
FDNY (Fire Department) Fire safety, sprinklers, exits, alarms, extinguishers 22,000
DSNY (Sanitation) Garbage, recycling violations, illegal dumping 12,000
DEP (Environmental Protection) Water quality, air pollution, noise violations 8,000

Other agencies that issue ECB violations: NYC Parks, DOT (Transportation), DOHMH (Health), Consumer Affairs, Landmarks Preservation Commission, Buildings Department (Environmental Compliance), and more.

Most Common Environmental Control Board Violations (2024 Data)

Based on 2024 NYC Open Data analysis, here are the top 5 ECB violation categories:

1. Work Without Permit (DOB) — 41% of All ECB Violations

Violation Code: 28-204.6
Typical Fine: $2,500–$10,000
Examples: Construction, demolition, plumbing, electrical work without DOB-approved permits.

2. Failure to Maintain (HPD) — 28% of All ECB Violations

Violation Code: 27-2005
Typical Fine: $500–$5,000
Examples: No heat/hot water, vermin infestation, water leaks, mold, structural hazards.

3. Fire Safety Violations (FDNY) — 18% of All ECB Violations

Violation Code: FC Various (Fire Code)
Typical Fine: $800–$5,000
Examples: Blocked fire exits, missing smoke detectors, expired fire extinguishers, obstructed sprinkler access.

4. Sanitation Violations (DSNY) — 8% of All ECB Violations

Violation Code: 16-RCNY Various
Typical Fine: $100–$1,000
Examples: Illegal dumping, improper garbage storage, recycling violations, dirty sidewalks.

5. Other Violations — 5% of All ECB Violations

Includes: Environmental (DEP), noise complaints, parks violations, landmarks violations, sign violations.

ECB vs. DOB Violations: Key Differences

Many property owners confuse ECB summonses with standard DOB violations. Here's the critical difference:

Feature ECB Summons DOB Violation
Purpose Civil penalty (fine) Order to correct violation
Can Be Dismissed? Only at OATH hearing if proven incorrect Yes, after correction and DOB inspection
Response Pay fine OR request OATH hearing Correct issue + submit proof
Timeline 30 days to respond 45-90 days to correct (varies by class)
Hearing Location OATH (100 Church Street) No hearing required if corrected

Important: A single incident can generate BOTH a DOB violation (correctable) AND an ECB summons (mandatory penalty). For example, "Work Without Permit" creates a DOB violation requiring permit filing + an ECB summons requiring $2,500+ fine payment.

ECB Penalty Structure (2025 Schedule)

ECB fines vary by violation severity, agency, and whether it's a first offense or repeat violation:

Base Fines

  • Minor violations: $500–$2,500 (paperwork, minor safety issues)
  • Major violations: $2,500–$10,000 (Work Without Permit, illegal conversions)
  • Severe violations: $10,000–$25,000 (unsafe conditions, repeat violations)

Per-Diem Penalties

Many ECB violations accrue daily fines until corrected:

  • Standard per-diem: $250–$500/day
  • Hazardous conditions: $500–$1,000/day
  • Stop Work Order violations: $1,000–$2,000/day

Additional Penalties

  • Default penalties: Failure to respond = automatic maximum fine + $60 hearing fee
  • Late payment fees: 9% annual interest on unpaid fines
  • Repeat offenses: Fines double or triple for violations within 5 years

⚠️ Warning: 43% Default Rate

Nearly half of all ECB summonses result in default judgment because property owners miss the 30-day response deadline. Default = automatic maximum fine + liens + 9% interest. Set calendar alerts or use D.O.B. Guard to monitor ECB summonses automatically.

How to Search for Environmental Control Board Violations

Method 1: OATH ECB Online Search

URL: https://www.nyc.gov/site/oath/hearings/ecb-search.page

Search by: ECB control number, address, or respondent name

What you'll see: Hearing date, violation type, penalty amount, status (open/paid/dismissed)

Method 2: DOB Building Information System (BIS)

Process:

  1. Visit DOB BIS
  2. Search property address
  3. Click "Violations" tab
  4. Look for "ECB" in violation type column
  5. Note ECB Control Number (links to OATH hearing details)

Method 3: D.O.B. Guard Free Lookup Tool

Search all ECB violations, DOB violations, HPD complaints, and FDNY violations in one place: Free NYC violation lookup tool →

How to Respond to an Environmental Control Board Violation

When you receive an ECB summons (by mail or on-site), you have 30 days to respond. Here are your options:

Option 1: Admit and Pay (10% Early Payment Discount)

When to use: Violation is accurate, correcting it is expensive/impossible, and fine is reasonable.

Process:

  1. Pay online at NYC Pay or Dispute Online
  2. Pay within 30 days for 10% discount
  3. Case closed—no hearing required

Option 2: Correct and Mitigate

When to use: You can quickly correct the violation and provide proof.

Process:

  1. Correct the violation (obtain permits, pass inspections, fix hazards)
  2. Submit proof to ECB: permits, inspection certificates, photos
  3. Request penalty reduction (typically 25-50% reduction if fully corrected)
  4. Pay reduced fine or proceed to hearing

Option 3: Request OATH Hearing

When to use: Violation is factually incorrect, you have strong defense, or penalty is excessive.

Process:

  1. Request hearing online (no fee)
  2. Prepare evidence: photos, permits, inspection reports, witness statements
  3. Attend hearing at 100 Church Street (typically 60-90 days after request)
  4. Present case to Administrative Law Judge
  5. Receive decision within 30-60 days (guilty/not guilty/reduced penalty)

See our complete OATH Hearings guide for hearing strategies and evidence requirements.

Option 4: Do Nothing (Not Recommended)

Consequences of ignoring ECB summons:

  • Automatic guilty finding
  • Maximum penalty assessed ($2,500–$25,000)
  • Additional $60 default hearing fee
  • Lien filed on property after 60 days
  • 9% annual interest on unpaid balance
  • Debt collection actions

OATH Hearing Process at 100 Church Street

If you contest your ECB violation, you'll attend an OATH hearing:

Hearing Timeline

  1. Day 0: Request hearing online (30-day deadline from summons date)
  2. Day 30-60: Receive hearing notice by mail (date, time, judge assignment)
  3. Day 60-90: Attend hearing at 100 Church Street, Manhattan
  4. Day 90-150: Receive written decision from Administrative Law Judge

What to Bring to Your Hearing

  • ECB summons (original)
  • Valid permits (if applicable)
  • Inspection certificates
  • Photos showing compliance or error in violation
  • Receipts for work performed
  • Witness statements (contractors, tenants, etc.)

Hearing Outcomes

  • Not guilty: Violation dismissed, $0 fine
  • Guilty (reduced penalty): Fine reduced by 25-75%
  • Guilty (full penalty): Maximum fine assessed

Success rate: 38% of contested ECB violations are dismissed or reduced at OATH hearings.

⚡ Get ECB Alerts Before Hearings

D.O.B. Guard sends text/email alerts the moment an ECB summons is issued on your properties—giving you 30 days to prepare your defense or pay the early-discount fine. Monitor unlimited properties for $15/mo →

Frequently Asked Questions

Can Environmental Control Board violations be dismissed?

Yes, at an OATH hearing if you prove: (1) violation never occurred, (2) inspector made factual error, (3) violation was corrected before inspection, or (4) you had valid authorization. About 15% of ECB violations are fully dismissed at hearings.

What happens if I don't pay an ECB fine?

After 60 days, ECB files a lien on your property with 9% annual interest. Liens must be paid before property can be sold or refinanced. NYC can also pursue debt collection, wage garnishment, and additional legal action.

Can I appeal an ECB decision?

Yes. You can file an Article 78 petition in NY Supreme Court within 4 months of the OATH decision. However, appeals are expensive (require attorney) and rarely successful unless there was a legal or procedural error.

How long do ECB violations stay on my property record?

Permanently. Even paid/dismissed ECB violations remain in DOB/HPD databases indefinitely and appear in title searches.

Can I negotiate ECB fines?

Not directly with ECB, but you can submit mitigation evidence showing the violation has been corrected. If accepted, penalties are typically reduced by 25-50%. Full negotiation occurs at OATH hearings.

Related Resources

Last updated: November 2025. This guide is for informational purposes only and does not constitute legal advice. For specific legal questions about Environmental Control Board violations, consult a licensed attorney.

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