What Is an ECB Violation? NYC 2025 Complete Guide

A $2,500 ECB violation notice arrives by mail. No warning. No inspection visit. Just a summons demanding payment or an OATH hearing appearance. For many NYC property owners, this is their first introduction to the Environmental Control Board (ECB)—one of the city's most powerful enforcement agencies. In 2024, ECB issued over 125,000 violations across NYC, generating $78 million in fines. Understanding what ECB violations are—and how to respond—can save thousands in unnecessary penalties.

What Is an ECB Violation?

An ECB violation is a civil summons issued by NYC agencies (DOB, HPD, FDNY, DSNY, DEP, Parks) for violations of city codes. "ECB" stands for Environmental Control Board, the administrative tribunal that adjudicates these violations through OATH (Office of Administrative Trials and Hearings).

Key Characteristics:

• Civil penalties: ECB violations are not criminal offenses, but carry mandatory fines ($500–$25,000+)
• Multiple agencies: DOB, HPD, FDNY, DSNY, DEP, Parks all issue ECB summonses
• OATH hearings: Violations are adjudicated at 100 Church Street by OATH administrative law judges
• Automatic defaults: Failure to respond results in automatic guilty finding + maximum fines

Legal Authority: NYC Administrative Code Title 28 (DOB), Title 27 (HPD), NYC Fire Code (FDNY)

Difference from DOB Violations: ECB summonses are separate from standard DOB violations. A single incident can generate both a DOB violation (correctable) and an ECB summons (requires OATH hearing or payment).

Common Types of ECB Violations

1. Work Without Permit (WWP)

Violation Code: 28-105.1
Typical Fine: $2,500–$10,000
Examples: Construction, demolition, plumbing, electrical work without DOB-approved permits. This is the #1 cause of ECB summonses (41% of all ECB violations). Learn more about work without permit in NYC.

2. Illegal Conversion

Violation Code: 28-210.1
Typical Fine: $5,000–$15,000
Examples: Converting single-family home to multi-unit, creating illegal basement apartments, cellar conversions without certificates of occupancy. See apartment violations in NYC.

3. Failure to Maintain Property (HPD)

Violation Code: 27-2005
Typical Fine: $500–$5,000
Examples: No heat/hot water, vermin infestation, water leaks, mold, structural hazards. Read our housing maintenance code violations guide.

4. Failure to Certify/Inspect

Violation Code: 28-302.1
Typical Fine: $1,000–$5,000
Examples: Missing boiler inspections, overdue facade inspections (Local Law 11), elevator certifications, fire alarm tests. Check facade inspection requirements.

5. Unsafe Conditions

Violation Code: 28-207.1
Typical Fine: $2,500–$10,000
Examples: Unsafe scaffolding, exposed electrical hazards, structural instability, falling debris risk.

6. FDNY Violations

Violation Code: FC Various
Typical Fine: $800–$5,000
Examples: Blocked fire exits, missing smoke detectors, expired fire extinguishers, obstructed sprinkler access. See FDNY violations guide.

How ECB Violations Work: The Process

Step 1: Inspection or Complaint

ECB violations typically result from:

• 311 complaints: Neighbor reports illegal construction or unsafe conditions
• Routine inspections: DOB/HPD scheduled inspections find violations
• Emergency responses: FDNY/DOB responds to collapse, fire, accident
• Certification failures: Missing required annual inspections trigger automatic ECB

Step 2: ECB Summons Issued

Inspector issues Notice of Violation (NOV) on-site or by mail. Summons includes:

• Violation code and description
• Hearing date (typically 30-60 days from issuance)
• Penalty range (minimum to maximum fine)
• Response options (admit, request hearing, mitigate)
• ECB Control Number (tracking ID)

Step 3: Response Deadline

Property owner has 30 days to respond:

• Admit violation: Pay prescribed penalty online (10% discount if paid early)
• Request hearing: Contest violation before OATH judge (no fee to request)
• Submit mitigating evidence: Correct violation and provide proof to reduce fines
• Do nothing: Automatic default judgment + maximum fine + $60 hearing fee

Step 4: OATH Hearing (If Contested)

Hearings occur at 100 Church Street, Manhattan. Process:

• Property owner presents evidence (photos, permits, inspection reports)
• Issuing agency presents their case (inspector testimony, code citations)
• Administrative Law Judge issues decision within 30-60 days
• Judge determines guilt and assesses penalty ($0 to maximum fine)

For detailed hearing guidance, read our complete ECB/OATH hearings guide.

Step 5: Payment or Appeal

After OATH decision:

• Pay fine: Must pay within 60 days to avoid additional late fees and liens
• Appeal: File Article 78 petition in NY Supreme Court (within 4 months, requires attorney)
• Ignore: ECB files lien on property + 9% annual interest + debt collection

ECB Fines: What to Expect (2025 Penalty Schedule)

Per-Diem Penalties: Many violations accrue daily penalties ($100-$1,000/day) until corrected, significantly increasing total fines.

How to Respond to an ECB Violation

Strategy 1: Correct and Mitigate

Best for: Violations you can quickly fix (missing permits, unsafe conditions)
Process: Correct violation, gather evidence (photos, receipts, permits), submit mitigation package
Result: 25-75% penalty reduction (judges reward proactive correction)

Strategy 2: Contest at OATH Hearing

Best for: Violations you believe are incorrect or legally defensible
Process: Request hearing, gather evidence, present case to judge
Result: 38% dismissal rate; reduced fines in 54% of contested cases

Strategy 3: Admit and Pay

Best for: Minor violations where correction isn't practical
Process: Admit liability, pay online within 30 days
Result: 10% early payment discount, avoid hearing

Strategy 4: Negotiate Settlement

Best for: Multiple violations or large fines
Process: Contact agency settlement office before hearing
Result: 20-50% reduction in exchange for guaranteed payment

Preventing ECB Violations

1. Always Obtain Permits

41% of ECB violations are for work without permit. Check NYC building permit requirements before starting any work.

2. Track Certification Deadlines

Use DOB Guard to monitor: facade inspection deadlines, boiler certifications, elevator tests, fire alarm inspections.

3. Respond to 311 Complaints Immediately

72% of ECB violations originate from 311 complaints. Address complaints within 48 hours to avoid inspections.

4. Conduct Quarterly Property Inspections

Catch issues before DOB/HPD does. Focus on: fire safety equipment, facade conditions, basement/cellar legality, working utilities.

5. Hire Licensed Contractors

Verify contractor licenses in DOB NOW or BIS. Unlicensed work generates automatic ECB summonses.

Frequently Asked Questions

What's the difference between ECB and DOB violations?

DOB violations are notices to correct (dismissible after fix). ECB violations are civil summonses requiring payment or OATH hearing regardless of correction. Learn more about DOB violations.

Can I ignore an ECB violation?

No. Ignoring results in: automatic guilty finding, maximum fine, $60 hearing fee, 9% annual interest, property lien, potential foreclosure.

How long do I have to respond?

30 days from summons date to request hearing or submit mitigation. 60 days to pay after OATH decision.

Can I settle ECB fines?

Yes. Contact agency settlement office before hearing date. Settlements typically reduce fines 20-50% in exchange for guaranteed payment.

Do ECB violations go away?

Paid violations remain on DOB records permanently. Liens are removed after payment. Unpaid fines never expire and continue accruing interest.

Related Resources

• ECB/OATH Hearings Explained: Complete Guide
• NYC DOB Violations: The Complete 2025 Guide
• NYC Violation Removal Services
• Free NYC Violation Lookup Tool

External Resources

• OATH ECB Violation Search
• NYC Department of Buildings
• Office of Administrative Trials and Hearings (OATH)

Last updated: November 2025. This guide is for informational purposes only and does not constitute legal advice. Consult with an attorney for specific legal matters.