What Is an ECB Violation? NYC 2025 Complete Guide to Fines & Fixes — D.O.B. Guard Resources

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).

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.

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.

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.

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.

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)

See our complete ECB Hearings guide for hearing strategies.

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)

Violation Type First Offense Repeat/Aggravated
Work Without Permit $2,500–$5,000 $5,000–$25,000
Illegal Conversion $5,000–$10,000 $10,000–$15,000
Failure to Maintain (HPD) $500–$1,000 $1,000–$5,000
Failure to Certify/Inspect $1,000–$2,500 $2,500–$5,000
FDNY Violations $800–$2,500 $2,500–$5,000

Additional Penalties:

  • Per-diem penalties: Many violations accrue daily fines until corrected ($250–$1,000/day)
  • Default penalties: Failure to respond = automatic maximum fine + $60 hearing fee
  • Late payment fees: 9% annual interest on unpaid fines + collection costs

How to Check for ECB Violations on Your Property

Method 1: DOB Building Information System (BIS)

Visit NYC DOB BIS and search by address:

  • Select "Violations" tab
  • Look for "ECB" in violation type column
  • Note ECB Control Number and hearing date

Method 2: OATH ECB Online Search

Search by control number or address at OATH ECB Search.

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

Use our free violation lookup tool to search all DOB, HPD, ECB, and FDNY violations by address in one search.

âš¡ Pro Tip: Monitor Violations Before They Escalate

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 before the hearing. Monitor unlimited properties for $15/mo →

How to Respond to an ECB Violation

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

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

Process: Pay online at NYC Pay or Dispute Online within 30 days for 10% discount.

Option 2: Correct and Mitigate

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

Process:

  • Correct the violation (obtain permits, pass inspections, fix hazards)
  • Submit proof to ECB: permits, inspection certificates, photos
  • Request penalty reduction (typically 25-50% reduction if fully corrected)

Option 3: Request OATH Hearing

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

Process: Request hearing online, prepare evidence, attend 100 Church St hearing. See our hearing preparation guide.

Option 4: Do Nothing (Not Recommended)

Consequences:

  • Automatic guilty finding
  • Maximum penalty assessed
  • Additional $60 default hearing fee
  • Lien filed on property after 60 days
  • 9% annual interest on unpaid balance

Environmental Control Board: Agency Overview

The Environmental Control Board (ECB) was established in 1970 to adjudicate violations of NYC's environmental, building, health, and safety codes. ECB operates under the NYC Office of Administrative Trials and Hearings (OATH).

Key Facts:

  • Location: 100 Church Street, New York, NY 10007
  • Jurisdiction: All NYC building, housing, environmental, and safety violations
  • Annual violations: 125,000+ ECB summonses issued (2024)
  • Revenue: $78 million in fines collected (2024)
  • Default rate: 43% of all ECB cases result in default judgment (owner doesn't respond)

Agencies That Issue ECB Violations:

  • DOB (Department of Buildings): Construction, permits, structural violations
  • HPD (Housing Preservation & Development): Housing maintenance, heat/hot water
  • FDNY (Fire Department): Fire safety, sprinklers, blocked exits
  • DSNY (Sanitation): Garbage, recycling, illegal dumping
  • DEP (Environmental Protection): Water, air quality, noise
  • Parks: Tree removal, park violations

Frequently Asked Questions

What does ECB stand for in NYC violations?

ECB stands for Environmental Control Board, the administrative tribunal that adjudicates civil violations of NYC building, housing, and environmental codes.

Is an ECB violation criminal?

No. ECB violations are civil penalties, not criminal offenses. However, failure to pay ECB fines can result in property liens and collection actions.

How long does an ECB violation stay on record?

ECB violations remain on DOB/HPD records permanently. Paid/dismissed violations are marked as resolved but never removed from history.

Can I negotiate ECB fines?

Yes, through mitigation. If you correct the violation and submit proof before the hearing, ECB typically reduces penalties by 25-50%.

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. City can also pursue debt collection and additional legal action.

Can I get an ECB violation dismissed?

Yes, at 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 permit/authorization.

Related Resources

Last updated: November 2025. This guide is for informational purposes only and does not constitute legal advice. Consult an attorney for specific legal questions about ECB violations.

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