‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is  or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is  or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist  or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist  or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
‡‡‡ Chapter 
2
was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 2
ENFORCEMENT
ARTICLE 201
GENERAL
§28
-
201.1 Unlawful acts.
It shall be unlawful to erect, construct, alter, extend, repair, fail to maintain, move, re-
move, demolish, occupy, use or 
operate any building, structure, premises, or equipment, or to conduct any subject 
matter regulated by this code or by the zoning resolution, or to cause same to be done, in conflict with or in violation 
of any of the provisions of this code, the zoning re
solution, or the rules of the department or, with regard to existing 
buildings, any applicable provision of the 1968 building code or any other law or rule enforced by the department. 
It shall be unlawful to fail to comply with an order of the commissioner
or to violate any order of the commissioner 
issued pursuant to this code, the 1968 building code, the zoning resolution or any law or rule enforced by the depart-
ment.
§28
-
201.2 Classification of violations.
The commissioner shall promulgate rules classifying all violations of this 
code, the zoning resolution or, with regard to existing buildings, the 1968 building code or other laws or rules en-
forced by the department as immediately hazardous violations, majo
r violations or lesser violations unless the clas-
sification of such violations is specifically directed by this code. Such classification shall be based on the effect of 
the violation on life, health, safety or the p
ublic interest or the necessity for economic disincentive.
§28
-
201.2.1 Specified immediately hazardous violations. 
The commissioner shall classify the following vio-
lations as immediately hazardous:
1.
With respect to violations of article 210 of this chapter:
1.1.
A violation of section 28
-
210.1 in which a building legally approved for occupancy as a one
-
family or 
two
-
family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is
illegally converted to or maintained as a dwelling for oc-
cupancy by four or more families; or
1.2.
A violation of sections 28
-
210.1 and 28
-
210.2 in any building involving the illegal conversion, mainte-
nance or occupancy of three or more dwelling units than are legally authorized by the certificate of 
occupancy or if no certificate of occupancy is r
equired as evidenced by official records.
2.
Any violation of section 28
-
211.1 false statement;
3.
Any violation of a stop work order or of a cease use order;
4.
Any violation of a vacate order or order to seal, secure and close, or closure order;
5.
Unlawful demolition;
6.
Falsely impersonating an employee or authorized representative of the department;
7.
Occupancy without a required certificate of occupancy;
8.
Intentional disobedience or violation of any provision of a closure order;
9.
Submittal of a materially false or misleading professional certification.
10.
A violation of section 28
-
212.11.
11.
A violation of section 28
-
307.1.
12.
A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the 
provisions of sections 28
-
404.1 or 28
-
401.9 of this code or such person’s failure to ensure that workers 
ENFORCEMENT
have certificates of fitness required pursuant to this code or applicable rule or any person’s violation of the 
provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13.
A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a 
required license or other authorization or a violation of section 27
-
3017 for performing electrical work 
without a required license.
14.
Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the 
New York city building code.
15.
A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16.
A violation of section 28
-
210.3 that involves more than one dwelling unit or a second or subsequent viola-
tion of section 28
-
210.3 by the same person at the same dwelling unit or multiple dwelling. 
17.
A violation of sections 28
-
119.1 or 28
-
119.1.1. 
18.
A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19.
A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas 
code. 
20.
A second or subsequent violation of section 3321.1 of the New York city building code.
21.
A violation of sections 28
-
401.19(1),
28
-
401.19(2), 28
-
401.19(3), 28
-
401.19(4),
28
-
401.19(6), 28
-
401.19(7), 28
-
401.19(10),
28
-
401.19(11) or 28
-
401.19(15).
§28
-
201.2.2 Specified major violations. 
The commissioner shall classify the following violations as major vi-
olations:
1.
A violation of section 28
-
210.1 or 28
-
210.2 other than a violation that is directed to be classified as immedi-
ately hazardous.
2.
Failure to perform required façade, retaining wall, elevator and boiler inspections, or tests, structural inspec-
tions of buildings and structures that are potentially compromised as defined in section 28
-
217.1, and to file 
required reports within the ap
plicable time period.
3.
Failure to provide the notice required by section 3314.4.1.5 of the New York city building code.
4.
A violation of the zoning resolution by any person for causing damage to or removing a tree within a Special 
Natural Area District, as defined in the zoning resolution.
4.1.
The fine or civil penalty for a violation described in item 4 shall be not less than $750 for each tree 
damaged or removed.
5.
Notwithstanding the provisions of section 28
-
204.2 of this code, a violation of item 3 or item 4 of section 
1010.1.4 of the New York city building code except that no penalty for such violation shall be imposed if the 
respondent corrects the condition c
onstituting the violation and files a certificate with the department that the 
condition has been corrected within 90 days from the date set forth in the notice of violation. It shall be an 
affirmative defense that the nonconforming security grille was ins
talled prior to July 1, 2011.
5.1.
The fine or civil penalty for a violation described in item 5 shall be not less than two hundred fifty dollars 
for the first offense and not less than $1,000 for each subsequent offense.
6.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114.
7.
A violation of section 28
-
309.12.
§28
-
201.2.3 Specified lesser violations. 
The commissioner shall classify the following violations as lesser vio-
lations:
1.
A violation of item 5 of section 1111.1, of section 1111.2, or of item 7 of section 1111.3 of the New York 
city building code, or a violation of section 28
-
313.1, 28
-
313.2 or 28
-
313.3 of the administrative code of the 
city of New York.
ENFORCEMENT
§28
-
201.3 Methods of enforcement.
The commissioner may use any of the methods set forth in this code to enforce 
compliance with this code, the 1968 building code, the zoning resolution, other laws or rules enforced by the depart-
ment and orders of the commissioner issued pursuant thereto in
cluding but not limited to:
1.
Proceedings for the recovery of civil penalties for immediately hazardous, major and lesser violations before the 
environmental control board or other administrative tribunal.
2.
Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for immediately hazard-
ous, major and lesser violations.
3.
Criminal judicial proceedings for the imposition of criminal fines or imprisonment or both for immediately 
hazardous, major and lesser violations.
4.
The issuance and enforcement of peremptory orders for immediately hazardous, major and lesser violations.
5.
The issuance of a commissioner’s request for correction of an unlawful use or condition or order to correct an 
unlawful use or condition.
6.
Other special remedies as set forth in this code, the zoning resolution or other law or rule.
§28
-
201.3.1 Issuance. 
Officers and employees of the department and of other city agencies 
designated by the 
commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based 
upon violations of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the 
department,
orders, and requests for corrective action.
§28
-
201.4 Aggravating and mitigating factors.
Civil penalties and criminal fines and imprisonment shall be im-
posed within the ranges set forth in this code or as otherwise specified in this code or other law, with due regard for 
mitigating and aggravating factors.
ARTICLE 202
CIVIL PENALTIES
§28
-
202.1 Civil penalties.
Except as otherwise specified in this code or other law, violations of this code, the 1968 
building code, the zoning resolution or other laws or 
rules enforced by the department shall be punishable by civil 
penalties within the ranges set forth below:
1.
For immediately hazardous violations, a civil penalty of not less than $2,500 nor more than $25,000 may be 
imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of 
not more than $1,000 for each day t
hat the violation is not corrected. The commissioner may by rule establish 
such specified daily penalties.
2.
For major violations, a civil penalty of not less than $1,000 nor more than $10,000 may be imposed for each 
violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 
for each month that the violatio
n is not corrected. The commissioner may by rule establish such specified 
monthly penalties.
3.
For lesser violations, a civil penalty of not more than $500 may be imposed for each violation.
Exceptions:
1.
The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a civil penalty for a violation involving such 
building if (i) notice of such violation
is issued by the department during the 90
-
day period immediately after 
such disaster or, in the case of a major natural or man
-
made disaster as determined by the commissioner, 
during the six
-
month period immediately after such disaster, and (ii) such viol
ation is corrected on or before 
40 days after such disaster period or such greater amount of time as determined by the commissioner for such 
violation. The notice of such violation shall state that such violation is subject to this exception and shall set 
forth the procedure and time period for correcting such violation without incurring a civil penalty. This ex-
ception shall not apply to immediately hazardous violations, violations charged as aggravated violations or 
violations without connection to such di
saster, as determined by the department.
2.
The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a civil penalty for such violation if (i) such violation was connected to a natural or man
-
made disaster, as 
ENFORCEMENT
determined by the commissioner, and (ii) such building is undergoing, or scheduled or under evaluation for, 
work or acquisition through a city
-
operated disaster recovery program responding to such disaster.
3.
The owner, lessee, occupant, manager or operator of a building shall not be subject to a civil penalty for a 
violation resulting from work done by a city employee, or by a third party under contract with the city, in 
response to a natural or man
-
made di
saster, provided that such violation is corrected on or before 60 days 
after the issuance of such violation, or such greater amount of time as determined by the commissioner for 
such violation. If such owner, lessee, occupant, manager or operator of a buil
ding can demonstrate to the 
satisfaction of the department that a city employee or third party under contract with the city has committed 
to correcting such violation then such violation shall be rescinded, without penalty. The notice of such vio-
lation sha
ll state that such violation is subject to this exception and shall set forth the procedure and time 
period for correcting such violation without incurring a civil penalty. This exception shall not apply to im-
mediately hazardous violations or violations ch
arged as aggravated violations.
4.
The minimum civil penalty for a violation of section 28
-
408.1 or section 28
-
410.1 of this code shall be $2,500 
for a first violation and $5,000 for a second violation, in addition to any separate daily penalty imposed 
pursuant to item 1 of this section.
5.
The minimum civil penalty for a violation of section 28
-
103.21.1 of this code shall be $2,500, in addition to 
any separate daily or monthly penalty imposed pursuant to item 1 or 2 of this section.
6.
The minimum civil penalty for a violation of section 3321.1 of the New York city building code shall be 
$5,000. The department may by rule provide that, for a first violation of such section or a first set of such 
violations that occur substantially at 
the same time, the minimum penalty may be reduced to $2,500. 
7.
The minimum civil penalty for a violation of section 3321.2 of the New York city building code shall be 
$2,500.  
8.
A violation of a condition, restriction or requirement established pursuant to the zoning resolution, section 
197
-
d of the charter or section 25
-
114, related to a privately owned public space as such term is defined in 
section 25
-
114, shall be subject t
o a civil penalty of not less than $4,000 for the first offense and not less than 
$10,000 for each subsequent offense, in addition to any separate monthly penalty imposed pursuant to item 
2 of this section.
9.
For a violation of section 28
-
210.1:
9.1.
Unless exception 9.2 applies, the minimum civil penalty for a violation of section 28
-
210.1 in any build-
ing involving the illegal conversion, maintenance or occupancy of three or more dwelling units above 
the number of dwelling units that is legally a
uthorized by the certificate of occupancy or if no certificate 
of occupancy is required as evidenced by official records shall be $15,000. Each dwelling unit above the 
number that is legally authorized by the certificate of occupancy or if no certificate o
f occupancy is 
required as evidenced by official records shall constitute a separate offense that shall be charged sepa-
rately and shall be punishable by a separate civil penalty. Provided, however, that the penalties for mul-
tiple violations of this excepti
on may be based on the same evidence; and
9.2.
The owner of a building shall not be subject to a civil penalty for a violation of section 28
-
210.1 in such 
building if such owner can show the following:
9.2.1.
Such violation was the first such violation issued for such building or was issued within 30 days 
after such first violation;
9.2.2.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, a registration for such building 
has been properly filed with the department of ho
using preservation and development in accord-
ance with article two of subchapter 4 of the New York city housing maintenance code; and
9.2.3.
At the time such violation was issued or, if such violation was issued within 30 days after such 
first violation was issued, the time such first violation was issued, such owner reasonably did not 
know of, or could not reasonably have known of such 
illegal conversion, the maintenance thereof 
or occupancy thereof and takes lawful immediate and diligent steps to cure said violation.
10.
For violations of article 110 of this chapter or chapter 33 of the New York city building code:
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
10.1.
The minimum civil penalty for an immediately hazardous violation of such article or chapter shall 
be $2,000, in addition to any separate daily penalty imposed pursuant to item 1 of this section; 
and
10.2.
The minimum civil penalty for a major violation of such article or chapter shall be $1,000, in 
addition to any separate monthly penalty imposed pursuant to item 2 of this section.
11.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum civil penalty for a first offense 
shall be no less than $10,000 and, for each subsequent offense, no less than $25,000.
12.
The minimum civil penalty that shall be imposed for a violation of section 27
-
3017 of the New York 
City electrical code and the minimum fine that shall be imposed for a violation of such section shall be 
$4,800. The maximum fine that shall be imposed for a violation of such section shall be $25,000. Such 
violation may also be punished, in addition to or instead of such fine, by imprisonment of not more than 
one year.
*
13. For a violation involving a parking structure, as defined in section 28
-
323.2:
13.1. The minimum civil penalty for a violation of section 28
-
204.4 shall be $2,500;
13.2. The minimum civil penalty for an immediately hazardous violation of section 28
-
207.4.5 shall be 
$5,000;
13.3. The minimum civil penalty for an immediately hazardous violation of section 28
-
211.1 shall be 
$20,000;
13.4. The minimum civil penalty for a violation of section 28
-
217.1.1 shall be $1,600;
13.5. The minimum civil penalty for a violation of section 28
-
217.1.6 shall be $5,000;
13.6. The minimum civil penalty for an immediately hazardous violation of section 28
-
301.1 shall be 
$2,500 for a first violation and $5,000 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.7. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.1 shall be 
$5,000 for a first violation and $7,500 for a second violation, in addition to
any separate daily or 
monthly penalty imposed pursuant to item 1 of this section;
13.8. The minimum civil penalty for an immediately hazardous violation of section 28
-
302.3 shall be 
$5,000; and
13.9. The minimum civil penalty for a violation of section 28
-
302.4 shall be $2,500.
*Section §28
-
202.1 Exception 13 was added by 
Local Law 70 of 2024
.
This law has an effective date of December 21, 2024.
§28
-
202.2 Continuing violations. 
Notwithstanding the assessment of daily penalties, each day that a violation con-
tinues shall be a separate and distinct offense.
§28
-
202.3 Increased civil penalties for construction sites with excessive violations.
Subject to the limitations of 
section 28
-
202.1, for any violation of this code, the 1968 building code, the zoning resolution or other laws or rules 
enforced by the department issued to a person who has an existing immediately hazardous or major violation
with 
respect to the construction site for which the violation is being issued, that occurs at a construction site with a viola-
tion ratio, at the time of the issuance of s
uch violation, that exceeds the threshold violation ratio for such site, the 
civil penalty imposed shall be at least twice the civil penalty that would be imposed if such site were not subject to 
this section. This section shall have no effect on additional monthly or daily penalties imposed pursuant to section 
28
-
202.1.
Exceptions: 
1.
Sites that are the subject of an in rem foreclosure judgment in favor of the city and were transferred by the 
city to a third party pursuant to section 11
-
412.1 of the Administrative code. 
2.
Sites that are the subject of a court order appointing an administrator pursuant to article 7
-
a of the New York 
state real property actions and proceedings law in a case brought by the department of housing preservation 
and development. 
ENFORCEMENT
3.
Sites that are the subject of a loan provided by or through the department of housing preservation and devel-
opment or the New York city housing development corporation for the purpose of rehabilitation. 
§28
-
202.3.1 Definitions.
The following words and terms shall, for the purposes of section 28
-
202.3, have the 
meanings shown herein. 
THRESHOLD VIOLATION RATIO.
For a major building site, the ninetieth percentile of violation ratios for 
major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction 
site that only involves work on a one
-
, two
-
or three
-
family buil
ding, the ninetieth percentile of violation ratios 
for construction sites that only involve work on a one
-
, two
-
or three
-
family building in the city as of December 
31 of the immediately preceding calendar year. For a construction
site that is not a major building site and that 
does not only involve work on a one
-
, two
-
or three
-
family building, the ninetieth percentile of violation ratios 
for construction sites that are not major building sites and that do not only involve work on
a one
-
, two
-
or three
-
family building in the city as of December 31 of the immediately preceding calendar year. 
VIOLATION RATIO.
With respect to a construction site, (i) the number of immediately hazardous violations 
and major violations issued against such site in the preceding 12 months, excluding any violations that have 
been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such 
site or (ii) an alternative ratio established by department rule and that the department determines is appropriate 
for identifying construct
ion sites with high rates of immediately hazardous violations, major violations or unsafe 
conditions for the purposes of section 28
-
202.3, provided that such rule is promulgated on or after January 1, 
2020.
§
28
-
202.4 Maximum civil penalty for immediately hazardous violation of chapter 33 of the New York city 
building code that results in death or serious physical injury.
Notwithstanding any inconsistent provision of this 
article, an immediately hazardous violation of a provision of chapter 33 of the New York city building code that 
results in death or serious physical injury, as such term is defined in article 10 of the N
ew York state penal law, shall 
be punishable by a civil penalty of not more than $500,000,
or not more than $150,000 if such violation is issued to 
an individual, which may be recovered in a civil action brought by the corporation counsel in the name of the city in 
any court of competent jurisdiction where: 
1.
There was a substantial probability that the violating condition would cause death or serious physical injury, as 
such term is defined in article 10 of the New York state penal law; 
2.
The defendant knew, or with reasonable diligence should have known, (i) of the existence of such violation and 
(ii) was in a position to remedy such violation or lessen the danger posed thereby; and 
3.
Such violation resulted in the death or serious physical injury, as such term is defined in article 10 of the New 
York state penal law, of a person. 
§28
-
202.4.1 Determining the amount of the civil penalty to be imposed.
In determining the amount of the civil 
penalty to be imposed the court shall consider: 
1.
The extent and severity of injury to persons and property; 
2.
The history of violations by the defendant of laws or rules enforced by the department; 
3.
The degree of willfulness, recklessness or negligence displayed by the defendant in committing the violation; 
and 
4.
The defendant’s financial resources.
ARTICLE 203
CRIMINAL PENALTIES
§28
-
203.1 Criminal fines and imprisonment. 
Except as otherwise specified in this code or other law, violations 
of this code, the 1968 building code, the zoning resolution or other laws or rules enforced by the department shall be 
punishable by criminal fines and imprisonment within the ranges set f
orth below:
1.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
ENFORCEMENT
classified by the commissioner or the code as an immediately hazardous violation shall be guilty of a misde-
meanor punishable by a fine of not more than $25,000 or by imprisonment of not more than one year or by both 
such fine and imprisonment.
2.
Every person convicted of violating a provision of this code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order of the commissioner issued pursuant thereto that is 
classified by the commissioner or
the code as a major violation shall be guilty of a violation punishable by a fine 
of not more than $10,000 or imprisonment for not more than 15 days or both such fine and imprisonment.
3.
Every person convicted of violating a provision of this code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued pursuant thereto that is classified by the commissioner 
or the code as a lesser vi
olation shall be guilty of a violation punishable by a fine of not more than $500.
Exceptions:
1. The owner, lessee, occupant, manager or operator of a building affected by a natural or man
-
made disaster, 
as determined by the commissioner, shall not be subject to a criminal fine or imprisonment if notice of 
such violation was issued during the 90
-
da
y
-
period immediately after such disaster or, in the case of a 
major natural or man
-
made disaster as determined by the commissioner, during the six
-
month period im-
mediately after such disaster. This exception shall not apply to immediately hazardous violati
ons, viola-
tions charged as aggravated violations or violations without connection to such disaster.
2. The owner, lessee, occupant, manager or operator of a building where a violation occurs shall not be subject 
to a criminal fine or imprisonment for such violation if (i) such violation was connected to a natural or 
man
-
made disaster, as determined by th
e commissioner, and (ii) such building is undergoing, or scheduled 
or under evaluation for, work or acquisition through a city operated disaster recovery program responding 
to such disaster.
3. The owner, lessee, manager or operator of a building shall not be subject to criminal fines or imprisonment 
for a violation resulting from work done by a city employee or third party under    contract with the city, 
in response to a natural or man
-
made di
saster. This exception shall not apply to immediately hazardous 
violations or violations charged as aggravated violations.
4. The minimum fine for an immediately hazardous violation of article 110 of this chapter or chapter 33 of 
the New York city building code shall be $2,000. 
5. The minimum fine for a major violation of article 110 of this chapter or chapter 33 of the New York city 
building code shall be $1,000.
6.
For (i) a violation of section 28
-
211.1 or (ii) where a tenant protection plan is required pursuant to section 
28
-
120.1, but has not been submitted to the department, the minimum fine shall be no less than $10,000 
and, for each subsequent offense, no le
ss than $25,000.
§28
-
203.2 Continuing violations.
In the case of continuing violations each day’s continuance shall be a separate 
and dis
-
tinct offense.
ARTICLE 204
ENVIRONMENTAL CONTROL BOARD
§28
-
204.1 General.
Any person who shall violate or fail to comply with any of the provisions of this code, the 1968 
building code, the zoning resolution or other laws or rules enforced by the department or with any order issued 
pursuant thereto shall be liable for a civil pe
nalty that may be recovered in a proceeding before the environmental 
control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the 
board. Such notice of violation may be issued by employe
es of the department or of other city agencies designated 
by the commissioner and may be served by such employees or by a licensed process server.
§28
-
204.1.1 Violations of section 3321 of the New York city building code. 
In addition to any other penalties or 
remedies provided by law or rule, the following items shall apply to violations of section 3321 of the New York 
city building code: 
1.
Upon determining that a worker at a building site is not in compliance with section 3321.1 of the New York 
city building code: 
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
1.1.
The commissioner shall issue a notice of violation to the owner of such site, each permit holder respon-
sible for ensuring that such worker complies with such section at such site and the person who employed 
or otherwise engaged such worker at such sit
e if such person can reasonably be identified. Each such 
worker shall constitute a separate violation that shall be noticed and charged separately and shall be 
punishable by a separate civil penalty. It shall be an affirmative defense to such a violation t
hat such 
worker provided such owner, permit holder or the person who employed or otherwise engaged such 
worker at such site with an SST card, SST supervisor card, limited SST card, temporary SST card or 
documentation establishing training in compliance wit
h such section, as appropriate, that reasonably 
appeared to be valid and applicable to such worker and such owner, permit holder or such person rea-
sonably relied thereon. 
1.2.
In addition to the requirements of any other law or rule, such violation shall not be deemed corrected 
until the commissioner determines that, for each such worker, the recipient of such violation shows, in a 
form and manner established by the commiss
ioner, that such owner, a person acting on behalf of such 
owner, a permit holder responsible for ensuring that such worker complies with such section at such site 
or the person who employed or otherwise engaged such worker at such site has entered into a b
inding 
agreement that satisfies each of the following conditions: 
1.2.1.
Pursuant to such agreement, such owner, a person acting on behalf of such owner or a permit 
holder responsible for ensuring that such worker complies with such section at such site or the 
person who employed or otherwise engaged such worker at such 
site shall pay, either directly or 
indirectly, for the costs of such worker to obtain the training required to comply with such section 
or will otherwise arrange for such worker to receive such training at no cost to such worker. 
1.2.2.
Pursuant to such agreement, and provided that such worker is diligently endeavoring to complete 
the training required by such section, such worker shall continue to be employed or otherwise 
engaged under the same terms and conditions that applied be
fore such determination by the com-
missioner until (i) such worker successfully completes the training required to comply with such 
section, (ii) work for which such worker was employed or otherwise engaged at such site con-
cludes or (iii) 60 days elapses af
ter such determination, whichever occurs earlier, except that, 
during such period, such worker shall be paid as if such worker were working at such site 40 hours 
each week at the same hourly or effective hourly wage such worker was paid before such deter-
mi
nation by the commissioner. 
2.
Upon determining that a permit holder at a building site has not maintained a daily log in compliance with 
section 3321.2 of the New York city building code, a notice of violation shall be issued to the owner of such 
site and such permit holder. Failure
to maintain such a log establishes a rebuttable presumption that each 
worker for whom such permit holder is responsible for ensuring compliance with section 3321 of the New 
York city building code is not compliant with such section and shall result in the
issuance of notices of 
violation under Item 1. 
3.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that a second or subsequent violation of section 3321 of the New 
York city building code has occur
red at a building site, the commissioner shall conduct at least one unan-
nounced inspection of such site at least once every three months to determine compliance with such section. 
Such inspections shall continue until at least two consecutive inspections d
o not result in the issuance of a 
notice of violation of such section. 
4.
Upon a finding by the office of administrative trials and hearings, acting pursuant to section 1049
-
a of the 
charter, or a court of competent jurisdiction that the owner of a building site, a permit holder at such site or 
a person employing or otherwise
engaging workers at such site has violated section 3321 of the New York 
city building code and such violation is a second or subsequent violation of such section by such owner, 
permit holder or person, the commissioner shall conduct at least one unannounc
ed inspection of (i) each 
building site owned by such owner, if such violation is a second or subsequent violation by such owner, (ii) 
each building site where such permit holder works, if such violation is a second or subsequent violation by 
such permit h
older and (iii) each building site where such person works, if such violation is a second or 
subsequent violation by such person.
§28
-
204.1.2 Notice of violating conditions outside of occupied 
dwelling units.
An owner must post a copy of a 
notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common 
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such 
violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with 
information about the ad
judication process. Such notice of violation and flyer or pamphlet shall be posted as soon 
as practicable, but no later than five calendar days after it has been served.
§28
-
204.1.3 Notice to occupants of violating conditions in occupied dwelling units. 
An owner must distribute a 
copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating 
condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to s
uch 
dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the depart-
ment, with information about the adjudication process
. Such notice of violation and flyer or pamphlet shall be 
distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has 
been served.
§28
-
204.2 Order to certify correction
. 
Each such notice of violation shall contain an order of the commissioner 
directing the respondent to correct the condition constituting the violation and to file with the department electroni-
cally or in such other manner as the department may authorize by 
rule a certification that the condition has been 
corrected. Unless otherwise provided by rule, such order shall require that violations classified as major or lesser be 
corrected within 30 days from the date of the or
der, that violations classified as immediately hazardous be corrected 
forthwith. Such order shall also require that certification of the correction of the violation shall be filed with the 
department in a manner and form and within such period of time as s
hall be established by the department. In any 
proceeding before the environmental control board, no civil penalty shall be imposed for a lesser violation or for a 
first
-
time violation of the major violations listed in items 1.1 through 1.7 of this section 
if the respondent complies 
with the commissioner’s order to correct and to certify correction of the violation within the applicable time period. 
However, such violation may serve as a predicate for purposes of assessing aggravating factors attributable to
mul-
tiple offenses.
1. As described in this section, no civil penalty shall be imposed upon correction of the following first
-
time major 
violations:
1.1. Failure to post, or post in accordance with the restrictions and prohibitions set forth in section 28
-
105.11, a 
building permit or a copy thereof for work at a work site in violation of section 28
-
105.11, or violation of 
a corresponding rule promulgat
ed by the department;
1.2. Failure to maintain a sign in accordance with the requirements of title 27, title 28, the zoning resolution of 
the city of New York, or the rules of the city of New York in violation of section 28
-
301.1, or violation of 
a corresponding rule promulgate
d by the department;
1.3. Failure by an owner of a boiler to file a complete boiler inspection report in violation of section 28
-
303.7, 
or violation of a corresponding rule promulgated by the department;
1.4. A sign in a commercial, or C, district exceeds surface area restrictions in violation of section 32
-
64 of the 
zoning resolution of the city of New York, or violation of a corresponding rule promulgated by the depart-
ment;
1.5. A sign in a specified commercial, or C, district projects across the street line limitation in violation of section 
32
-
652 of the zoning resolution of the city of New York, or violation of a corresponding rule promulgated 
by the department;
1.6. A sign displayed on an awning, canopy or marquee in a commercial, or C, district in violation of the re-
strictions set forth in section 32
-
653 of the zoning resolution of the city of New York, or violation of a 
corresponding rule promulgated by the dep
artment; and
1.7. Miscellaneous sign violation under the zoning resolution of the city of New York, or violation of a corre-
sponding rule promulgated by the department.
§28
-
204.3 Failure of proof. 
In any proceeding before the environmental control board, if it is found that the com-
missioner has failed to prove the violation charged, the order requiring the respondent to correct the condition con-
stituting the 
violation and to file a certification of correction shall be deemed dismissed.
§28
-
204.4 Failure to certify the correction of a violation. 
Failure to comply with an order of the commissioner 
issued pursuant to section 28
-
204.2 or pursuant to any provision of law or rule enforced by the department in effect 
at the time the order was issued to correct and to certify correction of a violation wi
thin the applicable time period 
shall be a violation of this code for which penalties may be imposed in addition to the penalties that may be or have 
ENFORCEMENT
been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may 
extend the time for filing the certification of correction of a violation, but not for more than 30 days for each exten-
sion.
§28
-
204.5 False statements in certification of correction.
For the purposes of this section, if the environmental 
control board finds that a certification of correction filed pursuant to section 28
-
204.2 contained material false state-
ments relating to the correction of a violation, such certification of correction
shall be null and void and the penalties 
set forth in this code for the violation may be imposed as if such false certification had not been filed with and 
accepted by the department. It shall be 
an affirmative defense that the respondent neither knew nor should have 
known that such statements were false.
§28
-
204.6 Enforcement of environmental control board judgments as a tax lien.
Notwithstanding any pro-
vision of law to the contrary, 
environmental control board judgments for certain building code violations shall be 
entered against the owner and enforced as a tax lien against the property, as provided below. An environmental 
control board judgment against an owner for a building code v
iolation with respect to (i) a private dwelling, a 
wooden
-
framed single room occupancy multiple dwelling, or a dwelling with
a legal occupancy of three or fewer 
dwelling units, (ii) a violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of 
three or more dwelling units than are legally authorized by the certificate of occupancy or if no certif
icate of occu-
pancy is required as evidenced by official records, (iii) a building that contains twenty or more dwelling units, or 
that contains any space classified in an occupancy group other than occupancy group R, where the total value of all 
such judgm
ents against such building is $60,000 or more, or (iv) a building that contains only space classified in 
occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such 
judgments against such building is 
$30,000 or more, shall result in a tax lien being entered against the property 
named in the violation for which such judgment was rendered, as hereinafter provided. 
Exception: 
Notwithstanding any provision of law to the contrary, an environmental control board judgment shall 
not constitute a tax lien on the property named in the violation with respect to which such judgment was rendered 
where:
1.
Such property was the subject of an in rem foreclosures judgment in favor of the city and was transferred by 
the city to a third party pursuant to section 11
-
412.1 of the administrative code within five years of such 
judgment.
2.
Such property is the subject of a court order appointing an administrator pursuant to article 7
-
A of the New 
York state real property actions and proceedings law in a case brought by the department of housing preser-
vation and development.
3.
Such property is the subject of a loan provided by or through the department of housing preservation and 
development or the New York city housing development corporation for the purpose of rehabilitation that 
had closed within five years before such jud
gment.
§28
-
204.6.1 Record of unpaid judgments. 
The department of finance shall keep a record of all such unpaid 
judgments. Such records shall be kept by tax lot and block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the department shall co
nstitute notice to all parties.
§28
-
204.6.2 Lien.
All such unpaid judgments shall constitute a lien upon the property named in the violation 
with respect to which such judgment was rendered when the amount shall have been definitely computed as a 
statement of account by the department, and the department 
shall file such statement with the department of 
finance for entry against the property. Such lien shall have a priority over all other liens and encumbrances except 
for the lien of taxes and assessments. However, no lien created pursuant
to section 28
-
204.6 shall be enforced 
against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of section 28
-
204.6.1 are satisfied.
§28
-
204.6.3 Notice.
A notice, stating the amount due and the nature of the charge, shall be mailed by the depart-
ment of finance to the last known address of the person whose name appears on the records of the department of 
finance as being the owner or agent of the property o
r as the person designated by the owner to receive tax bills 
or, where no name appears, to the property, addressed to either the “owner” or the “agent.”
§28
-
204.6.4 Mailing.
Such notice mailed by the department of finance pursuant to this section shall have stamped 
or printed thereon a reference to section 28
-
204.6.
ENFORCEMENT
§28
-
204.6.5 Failure to pay charge.
If such charge is not paid within 30 days from the date of entry, it shall be 
the duty of the department of finance to receive interest thereon at the same rate as unpaid real property taxes, to 
be calculated to the date of payment from the date of entry.
§28
-
204.6.6 Enforcement of lien
. 
Such charge and the interest thereon shall continue to be, until paid, a lien on 
the property. Any remedy or procedure available for the enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosur
e of a tax lien, shall be available with respect to such tax 
lien. In addition, such tax lien may be satisfied in accordance with the provisions of section 1354 of the New York 
state real property actions and proceedings la
w.
§28
-
204.6.7 Validity of lien.
In any proceeding to enforce or discharge a lien created pursuant to section 28
-
204.6, the validity of the lien shall not be subject to challenge based on the lawfulness of the judgment, except as 
provided in section 28
-
204.6.
§28
-
204.6.8 Challenge. 
No such challenge may be made except by the owner of the property or a mortgagee or 
lienor whose mortgage or lien would, but for the 
provisions of section 28
-
204.6, have priority over the depart-
ment’s lien.
§28
-
204.6.9 Notice to mortgagees and lienors.
Notwithstanding the foregoing provisions, no such judgment 
shall be entered and enforced as a tax lien against any property unless at the time of the issuance of the notice of 
violation a copy of such notice was also served on all mortgagees and lienors of
record of such property by mail 
addressed to the recorded addresses of such mortgagees and lienors.
§28
-
204.6.10 
Non
-
exclusive remedy.
The procedures provided in section 28
-
204.6 for the enforcement of envi-
ronmental control board judgments against owners shall be in addition to any other methods provided under any 
other provision of law for the enforcement of such judgments.
§28
-
204.6.11 Tax lien reporting.
On December 31, 2018, the department of finance shall submit a report to the 
mayor and the council on tax lien activities as a result of environmental control board judgment debt. Such report 
shall include: (i) the number of buildings subject to tax liens
for environmental control board judgment debts, 
disaggregated by whether the tax lien was a result of an illegal conversion, more than $60,000 in debt, or more than 
$30,000 in debt; (ii) the location of such buildings disag
gregated by council district; (iii) the number of dwelling 
units in each building which is subject to a tax lien; and (iv) recommendations for whether a 25 percent lien to 
value ratio is an appropriate threshold for a property to be considered distressed a
nd if it is not, such report shall 
contain recommendations for what an appropriate threshold would be.
ARTICLE 205
CIVIL JUDICIAL PROCEEDINGS
§28
-
205.1 Civil judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, structure, 
premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution or 
of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or assists in any such violation or who 
maintains any building, structure, premises, equi
pment or part thereof where any such violation shall exist shall be 
subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such 
order. Upon request of the commissioner, the corporation counsel may inst
itute judicial actions or proceedings seek-
ing such relief. In addition to any other remedies, in any such action or proceeding the defendant or respondent shall 
be subject to the payment of civil penalties as provided in this code.
§28
-
205.1.1 Corporation counsel.
Such actions and proceedings may be instituted by the corporation counsel 
in the name of the city in any court of competent jurisdiction in the city and shall be given preference over pending 
causes therein. In such actions or proceedings, the city may app
ly for restraining orders, preliminary injunctions 
or other provisional remedies, with or without notice; and no undertakings shall be required as a condition to the 
granting or issuing of any such order, injunction or reme
dy, or by reason thereof. No court shall lose jurisdiction 
of any action or proceeding hereunder by reason of a plea that the title to real estate is involved if the object of 
the action is to recover a penalty for the violation of any of the provisions of
this code.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
§28
-
216.8.4 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by a precept issued out of any court or modified in accordance 
with section 28
-
216.8.3, or the work ordered by the commissioner in accordan
ce with such precept under the 
provisions of section 28
-
216.8.3.3.
§28
-
216.8.5 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administra-
tive services, the commissioner housing preservation and developme
nt, or the commissioner of other authorized 
agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions 
of section 28
-
216.8.3.3.
§28
-
216.9 Return of precept and reimbursement of city.
Upon compliance with any precept issued to the com-
missioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the 
action there under and the costs and expenses thereby incurred, to the justice of the court
from which such precept 
issued. Such justice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the 
disbursements of the proceeding, including but not limited 
to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall 
be inserted in the judgment in such proceeding. Such justice shall then render judg
ment for such amount and for the 
sale of the premises named in such notice, together with all the right, title and interest that the person named in such 
notice had in the lot, ground or land upon which such structure was placed, at the time of the filing 
of a notice of 
pendency in such proceedings, or at the time of the entry of judgment therein, to satisfy such judgment in foreclosure 
of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other 
lawful 
manner, including pursuant to sections 28
-
112.9, 28
-
216.10 and 28
-
216.11.
§28
-
216.10 Judgment lien.
Any judgment rendered in an action or proceeding instituted under this article shall be 
and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county wherein the property affected by such action or proceeding, 
is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing 
except tax and assessment liens.
§28
-
216.11 Tax lien.
Any costs and expenses incurred by any agency of the city pursuant to this article, including 
but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested 
parties, surveys thereof, and costs of executin
g the precept, shall be a debt recoverable from the owner of the premises 
and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. Every 
such lien shall have priority over all other lien
s and encumbrances on the premises except for the lien of taxes and 
assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of subchapter 5 o
f the New York city housing maintenance 
code with respect to the enforcement of such debt and lien.
ARTICLE 217
BUILDINGS AND STRUCTURES THAT ARE POTENTIALLY COMPROMISED
§28
-
217.1 Buildings and structures that are potentially structurally compromised. 
For purposes of this article, 
“potentially compromised” shall include a building or structure that:
1.
Has had an open roof for 60 days or longer;
2.
Has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued 
by the commissioner, or due to concern for structural integrity as determined by a registered design professional
;
3.
Has been subject to a precept as a compromised structure under section 28
-
216.1.1; or 
4.
May have suffered structural damage by fire 
or any other cause as determined by the commissioner.
§28
-
217.1.1 Structural inspections of potentially compromised buildings or structures. 
When a building 
or structure has become potentially compromised, the owner is required to have a structural inspection performed. 
Such inspection shall be performed within 60 days of the opening of the roof, or within 60 days of the 
onset of 
any of the conditions listed in section 28
-
217.1
. A report of such inspection shall be filed with the department 
ENFORCEMENT
within 30 days thereafter in such form and detail and with provision for periodic monitoring of the building or 
structure as the commissioner may require.
§28
-
217.1.2 
Structural inspections shall only be performed by a registered design professional in good standing 
with the New York state department of education.
§28
-
217.1.3 
If a violation of any applicable statute, law, rule or regulation or any unsafe condition that poses a 
threat to the structural integrity of the building or to the public is found during the course of such inspection, the 
registered design professional per
forming the inspection shall immediately notify the department and the owner 
of such violation or unsafe condition by calling 311 and in writing.
§28
-
217.1.4 
An inspection of the buildings and structures subject to the inspection and filing requirements of 
section 28
-
217.1 shall be performed every year until such time as the registered design professional documents 
and certifies that the building or structure i
s no longer potentially compromised and such certification is accepted 
by the commissioner. 
§28
-
217.1.5 
The owner shall hire a registered design professional to perform a structural inspection of buildings 
and structures subject to section 28
-
217.1 prior to the issuance of a permit to alter, repair, demolish or enlarge 
such building or structure, except that
the commissioner may waive such inspection if a structural inspection of 
the entire building or structure has been performed within the prior year.
§28
-
217.1.6 
Any owner of a building or structure shall notify the department in writing that such building or 
structure has become potentially compromised immediately after such owner knows or should have known of the 
condition. Such notice shall contain the name and 
business address of the owner of record of such building or 
structure and shall identify the building or structure by street address and tax block and lot. The notices required 
by this subdivision shall be in such form and manner as established
by the commissioner by rule.
§28
-
217.1.7 
If an owner subject to the inspection and filing requirements of this section fails to file such report, 
the owner shall be liable for a civil penalty in an amount not less than $2,500. In such a case, the department may 
cause a structural inspection to be
conducted and a report filed.
ARTICLE 218
SAFETY COMPLIANCE OFFICER
§28
-
218.1 Definition. 
For purposes of this article, the terms “Safety Compliance Officer” and “SCO” shall mean a 
person whose presence is required by the commissioner pursuant to section 28
-
218.2 and who satisfies the qualifi-
cations of section 28
-
218.4.
§28
-
218.2 Safety compliance officer. 
In addition to any other remedies or penalties authorized by law, the com-
missioner in his or her discretion may require the presence of a SCO at any permitted site that has received immedi-
ately hazardous violations that the commissioner determines adversel
y affect public safety and require the presence 
of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in 
writing the circumstances necessitating the SCO, and the du
ration of the compliance monitoring and/or conditions 
that must be satisfied prior to the termination of the compliance monitoring.
§28
-
218.3 Appointment of a safety compliance officer.
The owner or contractor shall employ, at the owner’s or 
contractor’s expense, an SCO approved by the department. 
§28
-
218.4 Qualifications. 
Safety compliance officers shall have experience in supervising the type of construction 
operations being monitored. They shall be an architect or engineer who has experience supervising construction 
projects in New York city, a licensed site safety manage
r or coordinator or other licensee of the department, or a 
special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as re-
quired by the department.
§28
-
218.5 Compliance monitoring. 
The SCO shall monitor the operations related to the circumstances and condi-
tions that the commissioner has identified pursuant to section 28
-
218.2 until the areas of concern set forth by the 
commissioner have been addressed as determined by the commissione
r, but in no case shall any monitoring period 
exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives 
of the commissioner with authority pursuant to section 28
-
10
3.13 of this code to enter upon and examine and inspect and who satisfies the qualifi-
cations of section 28
-
218.4.
§28
-
218.2 Safety compliance officer. 
In addition to any other remedies or penalties authorized by law, the com-
missioner in his or her discretion may require the presence of a SCO at any permitted site that has received immedi-
ately hazardous violations that the commissioner determines adversel
y affect public safety and require the presence 
of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in 
writing the circumstances necessitating the SCO, and the du
ration of the compliance monitoring and/or conditions 
that must be satisfied prior to the termination of the compliance monitoring.
§28
-
218.3 Appointment of a safety compliance officer.
The owner or contractor shall employ, at the owner’s or 
contractor’s expense, an SCO approved by the department. 
§28
-
218.4 Qualifications. 
Safety compliance officers shall have experience in supervising the type of construction 
operations being monitored. They shall be an architect or engineer who has experience supervising construction 
projects in New York city, a licensed site safety manage
r or coordinator or other licensee of the department, or a 
special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as re-
quired by the department.
§28
-
218.5 Compliance monitoring. 
The SCO shall monitor the operations related to the circumstances and condi-
tions that the commissioner has identified pursuant to section 28
-
218.2 until the areas of concern set forth by the 
commissioner have been addressed as determined by the commissione
r, but in no case shall any monitoring period 
exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives 
of the commissioner with authority pursuant to section 28
-
10
3.13 of this code to enter upon and examine and inspect 
ENFORCEMENT
at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner’s 
determination, pursuant to section 28
-
218.2, to require a SCO have not been satisfied within the prescribed monitor-
ing period, the commi
ssioner may order the general contractor to appoint another SCO subject to the approval of the 
department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to 
exceed 90 days.
§
28
-
218.5.1 Hazardous conditions.
In addition to any other requirements specified by the commissioner, the 
SCO shall immediately report to the commissioner all conditions that are hazardous to life, safety or health.
§28
-
218.6 Cost of a safety compliance officer. 
The owner of the site where the services of the SCO have been 
required shall reimburse the department for all direct costs and any related administrative expenses incurred by the 
department in the operation of the SCO program provided for in this article. Reimbursement shall be made at such 
times as the department shall require, but in any event, before a temporary or permanent certificate of occupancy is 
issued for the building or structure that is being monit
ored. No permit shall be issued for the job site at which a SCO 
has been assigned if reimbursements for the cost of the monitor are outstanding for more than 30 days. The depart-
ment shall adopt rules establishing a process for the resolution of disputes co
ncerning the costs of the SCO.
§28
-
218.7 The SCO shall document with photographs or other means any violation of the code.
The SCO 
shall submit reports to the department in the frequency, manner and form prescribed by the commissioner. The 
department will share the results of these reports with the general contractor and provide the general contractor an 
opportunity to comment
.   
§28
-
218.8 Records. 
The SCO shall keep and maintain records relating to the services performed on behalf of the 
department in such manner and for such period of time as shall be established by the commissioner.
ARTICLE 219
FAILURE TO CERTIFY CORRECTION OF CERTAIN IMMEDIATELY HAZARDOUS VIOLATIONS
*
§28
-
219.1 Department penalty for failure to certify correction. 
In addition to any penalties otherwise author-
ized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification 
of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a 
construction site 
that poses a threat of imminent danger to public safety or property, as required by an order issued 
pursuant to section 28
-
204.2, a penalty shall be
paid to the department by the owner of the property in the amount of 
no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded 
at the property named in the order until such penalty is paid to the de
partment.
Failure to pay such penalty shall not 
prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. 
In addition, even if the 
immediately hazardous violation is subsequently corrected, no certificate of correction shal
l be accepted for the vio-
lation giving rise to this civil penalty until such penalty has been paid to the department.
Exception: 
Department penalties for failure to certify correction shall not apply to one
- 
to four
-
family homes.
*Section §28
-
219.1
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.2 Re
-
inspection. 
Where an immediately hazardous condition at a construction site has been identified as 
posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner 
shall re
-
inspect the condition that gave rise to the vi
olation within 60 days of the date of the notice of a violation, 
unless:
1.
An acceptable certification of the correction of the condition has been filed in the manner and form prescribed 
by the department; 
2.
The person to whom the violation has been directed has obtained an extension of time for filing the certificate 
of correction of the violation from the commissioner in accordance with section 28
-
204.4 and with any applica-
ble rules of the department, and
said extension of time to file has not yet expired;
3.
The condition has been corrected in the presence of the commissioner. 
Exception:
One
- 
to four
-
family homes shall not be subject to the re
-
inspection requirement of this section for the 
same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit 
ENFORCEMENT
the power of the commissioner to inspect such home for any other non
-
compliant condition or to issue a violation 
for such other non
-
compliant condition.
*Section §28
-
219.2
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
§28
-
219.2.1 Continued noncompliance.
If, upon re
-
inspection, the 
commissioner determines the condition con-
tinues to pose a threat of imminent danger to public safety or property, and the person against whom the initial 
violation was directed is not in compliance with section 28
-
204.4, the commissioner shall issue an app
ropriate 
violation and shall issue a stop
-
work order, pursuant to section 28
-
207.2, where appropriate, or the commissioner 
shall, if the commissioner is unable to obtain access to the premises, request the corporation counsel to institute 
legal proceedings
to compel correction of the violation and abate the condition or take such other action as is 
appropriate.
§28
-
219.2.2 Inspections by the commissioner. 
The commissioner shall continue to re
-
inspect any condition that 
has given rise to an immediately hazardous violation that poses a threat of imminent danger to public safety or 
property every 60 days, and shall follow the procedures described in items 1, 2
and 3 of section 28
-
219.2 until the 
condition has been found by inspection or certification to be corrected or abated.
§28
-
219.3 False certifications of correction. 
It shall be unlawful to prepare, file or offer for filing a certification of 
correction of an immediately hazardous condition, knowing that such certification contains a false statement or false 
information. Any person who prepares such a certificate shall
be subject to prosecution under section 175.05 or 
175.10 of the New York state penal law. Any person who files such a certificate or offers such a certificate for filing 
shall be subject to prosecution under section 175.30 or 175.35 of the New York state penal law. Nothing in this 
section shall be construed to limit, alter or affect the authority conferred by any other provision of this chapter or 
other law to bring criminal, civil or administrative actions or 
proceedings or other remedies for the preparation, filing 
or offering for filing of a certification of correction of an immediately hazardous condition containing a false state-
ment or false information.
§28
-
219.4 Notice to the department of housing preservation and development for certain elevator
-
related vio-
lations. 
If, upon re
-
inspection of an immediately hazardous violation relating to an elevator that services one or more 
dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition 
constituting such violation,
then the commissioner shall refer such violation, within one week of such re
-
inspection, 
to the commissioner of housing preservation and development for a determination as to whether such violation is 
dangerous to human life and safety or detrimental to health pursuant to section 27
-
2125 of the New York city housing 
maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable 
elevator, the department shall include such information and any other relevant information in such referral. The de-
partment may continue enforcement action against the owner of the multiple dwelling after referral
of such violation 
to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the 
department shall notify the commissioner of housing preservation and development of such efforts. The department 
shall notify an owner of the referral of any such violation to the commissioner of housing preservation and develop-
ment for action under this section.
Exceptions: 
1.
Elevators located in owner
-
occupied multiple dwellings that service only the owner
-
occupied dwelling unit 
provided that such unit is not occupied by boarders, roomers, or lodgers.
2.
Elevators located within convents and rectories that are not open to non
-
occupants on a regular basis.
*
§28
-
219.5 Definition.
For the purposes of this article, the term “construction site” shall mean a building or site with 
a permit issued by the department to perform construction work.
*Section §28
-
219.5
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.6 Other remedies not precluded. 
Nothing in this article shall be construed to limit the power of the com-
missioner to take any other action authorized by this code with respect to any unlawful use or condition.
*Section §28
-
219.6
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
§28
-
216.8.4 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by a precept issued out of any court or modified in accordance 
with section 28
-
216.8.3, or the work ordered by the commissioner in accordan
ce with such precept under the 
provisions of section 28
-
216.8.3.3.
§28
-
216.8.5 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administra-
tive services, the commissioner housing preservation and developme
nt, or the commissioner of other authorized 
agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions 
of section 28
-
216.8.3.3.
§28
-
216.9 Return of precept and reimbursement of city.
Upon compliance with any precept issued to the com-
missioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the 
action there under and the costs and expenses thereby incurred, to the justice of the court
from which such precept 
issued. Such justice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the 
disbursements of the proceeding, including but not limited 
to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall 
be inserted in the judgment in such proceeding. Such justice shall then render judg
ment for such amount and for the 
sale of the premises named in such notice, together with all the right, title and interest that the person named in such 
notice had in the lot, ground or land upon which such structure was placed, at the time of the filing 
of a notice of 
pendency in such proceedings, or at the time of the entry of judgment therein, to satisfy such judgment in foreclosure 
of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other 
lawful 
manner, including pursuant to sections 28
-
112.9, 28
-
216.10 and 28
-
216.11.
§28
-
216.10 Judgment lien.
Any judgment rendered in an action or proceeding instituted under this article shall be 
and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county wherein the property affected by such action or proceeding, 
is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing 
except tax and assessment liens.
§28
-
216.11 Tax lien.
Any costs and expenses incurred by any agency of the city pursuant to this article, including 
but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested 
parties, surveys thereof, and costs of executin
g the precept, shall be a debt recoverable from the owner of the premises 
and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. Every 
such lien shall have priority over all other lien
s and encumbrances on the premises except for the lien of taxes and 
assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of subchapter 5 o
f the New York city housing maintenance 
code with respect to the enforcement of such debt and lien.
ARTICLE 217
BUILDINGS AND STRUCTURES THAT ARE POTENTIALLY COMPROMISED
§28
-
217.1 Buildings and structures that are potentially structurally compromised. 
For purposes of this article, 
“potentially compromised” shall include a building or structure that:
1.
Has had an open roof for 60 days or longer;
2.
Has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued 
by the commissioner, or due to concern for structural integrity as determined by a registered design professional
;
3.
Has been subject to a precept as a compromised structure under section 28
-
216.1.1; or 
4.
May have suffered structural damage by fire 
or any other cause as determined by the commissioner.
§28
-
217.1.1 Structural inspections of potentially compromised buildings or structures. 
When a building 
or structure has become potentially compromised, the owner is required to have a structural inspection performed. 
Such inspection shall be performed within 60 days of the opening of the roof, or within 60 days of the 
onset of 
any of the conditions listed in section 28
-
217.1
. A report of such inspection shall be filed with the department 
ENFORCEMENT
within 30 days thereafter in such form and detail and with provision for periodic monitoring of the building or 
structure as the commissioner may require.
§28
-
217.1.2 
Structural inspections shall only be performed by a registered design professional in good standing 
with the New York state department of education.
§28
-
217.1.3 
If a violation of any applicable statute, law, rule or regulation or any unsafe condition that poses a 
threat to the structural integrity of the building or to the public is found during the course of such inspection, the 
registered design professional per
forming the inspection shall immediately notify the department and the owner 
of such violation or unsafe condition by calling 311 and in writing.
§28
-
217.1.4 
An inspection of the buildings and structures subject to the inspection and filing requirements of 
section 28
-
217.1 shall be performed every year until such time as the registered design professional documents 
and certifies that the building or structure i
s no longer potentially compromised and such certification is accepted 
by the commissioner. 
§28
-
217.1.5 
The owner shall hire a registered design professional to perform a structural inspection of buildings 
and structures subject to section 28
-
217.1 prior to the issuance of a permit to alter, repair, demolish or enlarge 
such building or structure, except that
the commissioner may waive such inspection if a structural inspection of 
the entire building or structure has been performed within the prior year.
§28
-
217.1.6 
Any owner of a building or structure shall notify the department in writing that such building or 
structure has become potentially compromised immediately after such owner knows or should have known of the 
condition. Such notice shall contain the name and 
business address of the owner of record of such building or 
structure and shall identify the building or structure by street address and tax block and lot. The notices required 
by this subdivision shall be in such form and manner as established
by the commissioner by rule.
§28
-
217.1.7 
If an owner subject to the inspection and filing requirements of this section fails to file such report, 
the owner shall be liable for a civil penalty in an amount not less than $2,500. In such a case, the department may 
cause a structural inspection to be
conducted and a report filed.
ARTICLE 218
SAFETY COMPLIANCE OFFICER
§28
-
218.1 Definition. 
For purposes of this article, the terms “Safety Compliance Officer” and “SCO” shall mean a 
person whose presence is required by the commissioner pursuant to section 28
-
218.2 and who satisfies the qualifi-
cations of section 28
-
218.4.
§28
-
218.2 Safety compliance officer. 
In addition to any other remedies or penalties authorized by law, the com-
missioner in his or her discretion may require the presence of a SCO at any permitted site that has received immedi-
ately hazardous violations that the commissioner determines adversel
y affect public safety and require the presence 
of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in 
writing the circumstances necessitating the SCO, and the du
ration of the compliance monitoring and/or conditions 
that must be satisfied prior to the termination of the compliance monitoring.
§28
-
218.3 Appointment of a safety compliance officer.
The owner or contractor shall employ, at the owner’s or 
contractor’s expense, an SCO approved by the department. 
§28
-
218.4 Qualifications. 
Safety compliance officers shall have experience in supervising the type of construction 
operations being monitored. They shall be an architect or engineer who has experience supervising construction 
projects in New York city, a licensed site safety manage
r or coordinator or other licensee of the department, or a 
special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as re-
quired by the department.
§28
-
218.5 Compliance monitoring. 
The SCO shall monitor the operations related to the circumstances and condi-
tions that the commissioner has identified pursuant to section 28
-
218.2 until the areas of concern set forth by the 
commissioner have been addressed as determined by the commissione
r, but in no case shall any monitoring period 
exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives 
of the commissioner with authority pursuant to section 28
-
10
3.13 of this code to enter upon and examine and inspect 
ENFORCEMENT
at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner’s 
determination, pursuant to section 28
-
218.2, to require a SCO have not been satisfied within the prescribed monitor-
ing period, the commi
ssioner may order the general contractor to appoint another SCO subject to the approval of the 
department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to 
exceed 90 days.
§
28
-
218.5.1 Hazardous conditions.
In addition to any other requirements specified by the commissioner, the 
SCO shall immediately report to the commissioner all conditions that are hazardous to life, safety or health.
§28
-
218.6 Cost of a safety compliance officer. 
The owner of the site where the services of the SCO have been 
required shall reimburse the department for all direct costs and any related administrative expenses incurred by the 
department in the operation of the SCO program provided for in this article. Reimbursement shall be made at such 
times as the department shall require, but in any event, before a temporary or permanent certificate of occupancy is 
issued for the building or structure that is being monit
ored. No permit shall be issued for the job site at which a SCO 
has been assigned if reimbursements for the cost of the monitor are outstanding for more than 30 days. The depart-
ment shall adopt rules establishing a process for the resolution of disputes co
ncerning the costs of the SCO.
§28
-
218.7 The SCO shall document with photographs or other means any violation of the code.
The SCO 
shall submit reports to the department in the frequency, manner and form prescribed by the commissioner. The 
department will share the results of these reports with the general contractor and provide the general contractor an 
opportunity to comment
.   
§28
-
218.8 Records. 
The SCO shall keep and maintain records relating to the services performed on behalf of the 
department in such manner and for such period of time as shall be established by the commissioner.
ARTICLE 219
FAILURE TO CERTIFY CORRECTION OF CERTAIN IMMEDIATELY HAZARDOUS VIOLATIONS
*
§28
-
219.1 Department penalty for failure to certify correction. 
In addition to any penalties otherwise author-
ized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification 
of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a 
construction site 
that poses a threat of imminent danger to public safety or property, as required by an order issued 
pursuant to section 28
-
204.2, a penalty shall be
paid to the department by the owner of the property in the amount of 
no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded 
at the property named in the order until such penalty is paid to the de
partment.
Failure to pay such penalty shall not 
prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. 
In addition, even if the 
immediately hazardous violation is subsequently corrected, no certificate of correction shal
l be accepted for the vio-
lation giving rise to this civil penalty until such penalty has been paid to the department.
Exception: 
Department penalties for failure to certify correction shall not apply to one
- 
to four
-
family homes.
*Section §28
-
219.1
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.2 Re
-
inspection. 
Where an immediately hazardous condition at a construction site has been identified as 
posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner 
shall re
-
inspect the condition that gave rise to the vi
olation within 60 days of the date of the notice of a violation, 
unless:
1.
An acceptable certification of the correction of the condition has been filed in the manner and form prescribed 
by the department; 
2.
The person to whom the violation has been directed has obtained an extension of time for filing the certificate 
of correction of the violation from the commissioner in accordance with section 28
-
204.4 and with any applica-
ble rules of the department, and
said extension of time to file has not yet expired;
3.
The condition has been corrected in the presence of the commissioner. 
Exception:
One
- 
to four
-
family homes shall not be subject to the re
-
inspection requirement of this section for the 
same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit 
ENFORCEMENT
the power of the commissioner to inspect such home for any other non
-
compliant condition or to issue a violation 
for such other non
-
compliant condition.
*Section §28
-
219.2
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
§28
-
219.2.1 Continued noncompliance.
If, upon re
-
inspection, the 
commissioner determines the condition con-
tinues to pose a threat of imminent danger to public safety or property, and the person against whom the initial 
violation was directed is not in compliance with section 28
-
204.4, the commissioner shall issue an app
ropriate 
violation and shall issue a stop
-
work order, pursuant to section 28
-
207.2, where appropriate, or the commissioner 
shall, if the commissioner is unable to obtain access to the premises, request the corporation counsel to institute 
legal proceedings
to compel correction of the violation and abate the condition or take such other action as is 
appropriate.
§28
-
219.2.2 Inspections by the commissioner. 
The commissioner shall continue to re
-
inspect any condition that 
has given rise to an immediately hazardous violation that poses a threat of imminent danger to public safety or 
property every 60 days, and shall follow the procedures described in items 1, 2
and 3 of section 28
-
219.2 until the 
condition has been found by inspection or certification to be corrected or abated.
§28
-
219.3 False certifications of correction. 
It shall be unlawful to prepare, file or offer for filing a certification of 
correction of an immediately hazardous condition, knowing that such certification contains a false statement or false 
information. Any person who prepares such a certificate shall
be subject to prosecution under section 175.05 or 
175.10 of the New York state penal law. Any person who files such a certificate or offers such a certificate for filing 
shall be subject to prosecution under section 175.30 or 175.35 of the New York state penal law. Nothing in this 
section shall be construed to limit, alter or affect the authority conferred by any other provision of this chapter or 
other law to bring criminal, civil or administrative actions or 
proceedings or other remedies for the preparation, filing 
or offering for filing of a certification of correction of an immediately hazardous condition containing a false state-
ment or false information.
§28
-
219.4 Notice to the department of housing preservation and development for certain elevator
-
related vio-
lations. 
If, upon re
-
inspection of an immediately hazardous violation relating to an elevator that services one or more 
dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition 
constituting such violation,
then the commissioner shall refer such violation, within one week of such re
-
inspection, 
to the commissioner of housing preservation and development for a determination as to whether such violation is 
dangerous to human life and safety or detrimental to health pursuant to section 27
-
2125 of the New York city housing 
maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable 
elevator, the department shall include such information and any other relevant information in such referral. The de-
partment may continue enforcement action against the owner of the multiple dwelling after referral
of such violation 
to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the 
department shall notify the commissioner of housing preservation and development of such efforts. The department 
shall notify an owner of the referral of any such violation to the commissioner of housing preservation and develop-
ment for action under this section.
Exceptions: 
1.
Elevators located in owner
-
occupied multiple dwellings that service only the owner
-
occupied dwelling unit 
provided that such unit is not occupied by boarders, roomers, or lodgers.
2.
Elevators located within convents and rectories that are not open to non
-
occupants on a regular basis.
*
§28
-
219.5 Definition.
For the purposes of this article, the term “construction site” shall mean a building or site with 
a permit issued by the department to perform construction work.
*Section §28
-
219.5
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.6 Other remedies not precluded. 
Nothing in this article shall be construed to limit the power of the com-
missioner to take any other action authorized by this code with respect to any unlawful use or condition.
*Section §28
-
219.6
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
§28
-
216.8.4 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by a precept issued out of any court or modified in accordance 
with section 28
-
216.8.3, or the work ordered by the commissioner in accordan
ce with such precept under the 
provisions of section 28
-
216.8.3.3.
§28
-
216.8.5 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administra-
tive services, the commissioner housing preservation and developme
nt, or the commissioner of other authorized 
agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions 
of section 28
-
216.8.3.3.
§28
-
216.9 Return of precept and reimbursement of city.
Upon compliance with any precept issued to the com-
missioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the 
action there under and the costs and expenses thereby incurred, to the justice of the court
from which such precept 
issued. Such justice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the 
disbursements of the proceeding, including but not limited 
to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall 
be inserted in the judgment in such proceeding. Such justice shall then render judg
ment for such amount and for the 
sale of the premises named in such notice, together with all the right, title and interest that the person named in such 
notice had in the lot, ground or land upon which such structure was placed, at the time of the filing 
of a notice of 
pendency in such proceedings, or at the time of the entry of judgment therein, to satisfy such judgment in foreclosure 
of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other 
lawful 
manner, including pursuant to sections 28
-
112.9, 28
-
216.10 and 28
-
216.11.
§28
-
216.10 Judgment lien.
Any judgment rendered in an action or proceeding instituted under this article shall be 
and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county wherein the property affected by such action or proceeding, 
is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing 
except tax and assessment liens.
§28
-
216.11 Tax lien.
Any costs and expenses incurred by any agency of the city pursuant to this article, including 
but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested 
parties, surveys thereof, and costs of executin
g the precept, shall be a debt recoverable from the owner of the premises 
and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. Every 
such lien shall have priority over all other lien
s and encumbrances on the premises except for the lien of taxes and 
assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of subchapter 5 o
f the New York city housing maintenance 
code with respect to the enforcement of such debt and lien.
ARTICLE 217
BUILDINGS AND STRUCTURES THAT ARE POTENTIALLY COMPROMISED
§28
-
217.1 Buildings and structures that are potentially structurally compromised. 
For purposes of this article, 
“potentially compromised” shall include a building or structure that:
1.
Has had an open roof for 60 days or longer;
2.
Has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued 
by the commissioner, or due to concern for structural integrity as determined by a registered design professional
;
3.
Has been subject to a precept as a compromised structure under section 28
-
216.1.1; or 
4.
May have suffered structural damage by fire 
or any other cause as determined by the commissioner.
§28
-
217.1.1 Structural inspections of potentially compromised buildings or structures. 
When a building 
or structure has become potentially compromised, the owner is required to have a structural inspection performed. 
Such inspection shall be performed within 60 days of the opening of the roof, or within 60 days of the 
onset of 
any of the conditions listed in section 28
-
217.1
. A report of such inspection shall be filed with the department 
ENFORCEMENT
within 30 days thereafter in such form and detail and with provision for periodic monitoring of the building or 
structure as the commissioner may require.
§28
-
217.1.2 
Structural inspections shall only be performed by a registered design professional in good standing 
with the New York state department of education.
§28
-
217.1.3 
If a violation of any applicable statute, law, rule or regulation or any unsafe condition that poses a 
threat to the structural integrity of the building or to the public is found during the course of such inspection, the 
registered design professional per
forming the inspection shall immediately notify the department and the owner 
of such violation or unsafe condition by calling 311 and in writing.
§28
-
217.1.4 
An inspection of the buildings and structures subject to the inspection and filing requirements of 
section 28
-
217.1 shall be performed every year until such time as the registered design professional documents 
and certifies that the building or structure i
s no longer potentially compromised and such certification is accepted 
by the commissioner. 
§28
-
217.1.5 
The owner shall hire a registered design professional to perform a structural inspection of buildings 
and structures subject to section 28
-
217.1 prior to the issuance of a permit to alter, repair, demolish or enlarge 
such building or structure, except that
the commissioner may waive such inspection if a structural inspection of 
the entire building or structure has been performed within the prior year.
§28
-
217.1.6 
Any owner of a building or structure shall notify the department in writing that such building or 
structure has become potentially compromised immediately after such owner knows or should have known of the 
condition. Such notice shall contain the name and 
business address of the owner of record of such building or 
structure and shall identify the building or structure by street address and tax block and lot. The notices required 
by this subdivision shall be in such form and manner as established
by the commissioner by rule.
§28
-
217.1.7 
If an owner subject to the inspection and filing requirements of this section fails to file such report, 
the owner shall be liable for a civil penalty in an amount not less than $2,500. In such a case, the department may 
cause a structural inspection to be
conducted and a report filed.
ARTICLE 218
SAFETY COMPLIANCE OFFICER
§28
-
218.1 Definition. 
For purposes of this article, the terms “Safety Compliance Officer” and “SCO” shall mean a 
person whose presence is required by the commissioner pursuant to section 28
-
218.2 and who satisfies the qualifi-
cations of section 28
-
218.4.
§28
-
218.2 Safety compliance officer. 
In addition to any other remedies or penalties authorized by law, the com-
missioner in his or her discretion may require the presence of a SCO at any permitted site that has received immedi-
ately hazardous violations that the commissioner determines adversel
y affect public safety and require the presence 
of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in 
writing the circumstances necessitating the SCO, and the du
ration of the compliance monitoring and/or conditions 
that must be satisfied prior to the termination of the compliance monitoring.
§28
-
218.3 Appointment of a safety compliance officer.
The owner or contractor shall employ, at the owner’s or 
contractor’s expense, an SCO approved by the department. 
§28
-
218.4 Qualifications. 
Safety compliance officers shall have experience in supervising the type of construction 
operations being monitored. They shall be an architect or engineer who has experience supervising construction 
projects in New York city, a licensed site safety manage
r or coordinator or other licensee of the department, or a 
special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as re-
quired by the department.
§28
-
218.5 Compliance monitoring. 
The SCO shall monitor the operations related to the circumstances and condi-
tions that the commissioner has identified pursuant to section 28
-
218.2 until the areas of concern set forth by the 
commissioner have been addressed as determined by the commissione
r, but in no case shall any monitoring period 
exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives 
of the commissioner with authority pursuant to section 28
-
10
3.13 of this code to enter upon and examine and inspect 
ENFORCEMENT
at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner’s 
determination, pursuant to section 28
-
218.2, to require a SCO have not been satisfied within the prescribed monitor-
ing period, the commi
ssioner may order the general contractor to appoint another SCO subject to the approval of the 
department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to 
exceed 90 days.
§
28
-
218.5.1 Hazardous conditions.
In addition to any other requirements specified by the commissioner, the 
SCO shall immediately report to the commissioner all conditions that are hazardous to life, safety or health.
§28
-
218.6 Cost of a safety compliance officer. 
The owner of the site where the services of the SCO have been 
required shall reimburse the department for all direct costs and any related administrative expenses incurred by the 
department in the operation of the SCO program provided for in this article. Reimbursement shall be made at such 
times as the department shall require, but in any event, before a temporary or permanent certificate of occupancy is 
issued for the building or structure that is being monit
ored. No permit shall be issued for the job site at which a SCO 
has been assigned if reimbursements for the cost of the monitor are outstanding for more than 30 days. The depart-
ment shall adopt rules establishing a process for the resolution of disputes co
ncerning the costs of the SCO.
§28
-
218.7 The SCO shall document with photographs or other means any violation of the code.
The SCO 
shall submit reports to the department in the frequency, manner and form prescribed by the commissioner. The 
department will share the results of these reports with the general contractor and provide the general contractor an 
opportunity to comment
.   
§28
-
218.8 Records. 
The SCO shall keep and maintain records relating to the services performed on behalf of the 
department in such manner and for such period of time as shall be established by the commissioner.
ARTICLE 219
FAILURE TO CERTIFY CORRECTION OF CERTAIN IMMEDIATELY HAZARDOUS VIOLATIONS
*
§28
-
219.1 Department penalty for failure to certify correction. 
In addition to any penalties otherwise author-
ized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification 
of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a 
construction site 
that poses a threat of imminent danger to public safety or property, as required by an order issued 
pursuant to section 28
-
204.2, a penalty shall be
paid to the department by the owner of the property in the amount of 
no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded 
at the property named in the order until such penalty is paid to the de
partment.
Failure to pay such penalty shall not 
prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. 
In addition, even if the 
immediately hazardous violation is subsequently corrected, no certificate of correction shal
l be accepted for the vio-
lation giving rise to this civil penalty until such penalty has been paid to the department.
Exception: 
Department penalties for failure to certify correction shall not apply to one
- 
to four
-
family homes.
*Section §28
-
219.1
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.2 Re
-
inspection. 
Where an immediately hazardous condition at a construction site has been identified as 
posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner 
shall re
-
inspect the condition that gave rise to the vi
olation within 60 days of the date of the notice of a violation, 
unless:
1.
An acceptable certification of the correction of the condition has been filed in the manner and form prescribed 
by the department; 
2.
The person to whom the violation has been directed has obtained an extension of time for filing the certificate 
of correction of the violation from the commissioner in accordance with section 28
-
204.4 and with any applica-
ble rules of the department, and
said extension of time to file has not yet expired;
3.
The condition has been corrected in the presence of the commissioner. 
Exception:
One
- 
to four
-
family homes shall not be subject to the re
-
inspection requirement of this section for the 
same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit 
ENFORCEMENT
the power of the commissioner to inspect such home for any other non
-
compliant condition or to issue a violation 
for such other non
-
compliant condition.
*Section §28
-
219.2
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
§28
-
219.2.1 Continued noncompliance.
If, upon re
-
inspection, the 
commissioner determines the condition con-
tinues to pose a threat of imminent danger to public safety or property, and the person against whom the initial 
violation was directed is not in compliance with section 28
-
204.4, the commissioner shall issue an app
ropriate 
violation and shall issue a stop
-
work order, pursuant to section 28
-
207.2, where appropriate, or the commissioner 
shall, if the commissioner is unable to obtain access to the premises, request the corporation counsel to institute 
legal proceedings
to compel correction of the violation and abate the condition or take such other action as is 
appropriate.
§28
-
219.2.2 Inspections by the commissioner. 
The commissioner shall continue to re
-
inspect any condition that 
has given rise to an immediately hazardous violation that poses a threat of imminent danger to public safety or 
property every 60 days, and shall follow the procedures described in items 1, 2
and 3 of section 28
-
219.2 until the 
condition has been found by inspection or certification to be corrected or abated.
§28
-
219.3 False certifications of correction. 
It shall be unlawful to prepare, file or offer for filing a certification of 
correction of an immediately hazardous condition, knowing that such certification contains a false statement or false 
information. Any person who prepares such a certificate shall
be subject to prosecution under section 175.05 or 
175.10 of the New York state penal law. Any person who files such a certificate or offers such a certificate for filing 
shall be subject to prosecution under section 175.30 or 175.35 of the New York state penal law. Nothing in this 
section shall be construed to limit, alter or affect the authority conferred by any other provision of this chapter or 
other law to bring criminal, civil or administrative actions or 
proceedings or other remedies for the preparation, filing 
or offering for filing of a certification of correction of an immediately hazardous condition containing a false state-
ment or false information.
§28
-
219.4 Notice to the department of housing preservation and development for certain elevator
-
related vio-
lations. 
If, upon re
-
inspection of an immediately hazardous violation relating to an elevator that services one or more 
dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition 
constituting such violation,
then the commissioner shall refer such violation, within one week of such re
-
inspection, 
to the commissioner of housing preservation and development for a determination as to whether such violation is 
dangerous to human life and safety or detrimental to health pursuant to section 27
-
2125 of the New York city housing 
maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable 
elevator, the department shall include such information and any other relevant information in such referral. The de-
partment may continue enforcement action against the owner of the multiple dwelling after referral
of such violation 
to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the 
department shall notify the commissioner of housing preservation and development of such efforts. The department 
shall notify an owner of the referral of any such violation to the commissioner of housing preservation and develop-
ment for action under this section.
Exceptions: 
1.
Elevators located in owner
-
occupied multiple dwellings that service only the owner
-
occupied dwelling unit 
provided that such unit is not occupied by boarders, roomers, or lodgers.
2.
Elevators located within convents and rectories that are not open to non
-
occupants on a regular basis.
*
§28
-
219.5 Definition.
For the purposes of this article, the term “construction site” shall mean a building or site with 
a permit issued by the department to perform construction work.
*Section §28
-
219.5
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.6 Other remedies not precluded. 
Nothing in this article shall be construed to limit the power of the com-
missioner to take any other action authorized by this code with respect to any unlawful use or condition.
*Section §28
-
219.6
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ENFORCEMENT
§28
-
205.1.1.1 Naming the building as a defendant. 
The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or interest in the building, stru
cture, or premises.
§28
-
205.1.1.2 In rem jurisdiction over the building.
In rem jurisdiction over the building, structure, or 
premises where the violation shall exist shall be complete by affixing the summons to the door of the building, 
structure, or premises and by mailing the summons by certified or registered mail, return r
eceipt requested, to 
one of the owners of some part of or interest in the building, structure, or premises. Proof of service shall be 
filed within two days thereafter with the clerk of the court designat
ed in the summons. Service shall be com-
plete upon such filing.
§28
-
205.1.1.3 Service on other defendants. 
Defendants, other than the building, structure, or premises where 
the violation shall exist, shall be served with the summons as provided in the civil practice law and rules.
§28
-
205.1.2 Presumptive evidence.
In any action or proceeding founded upon a claim by the commissioner that 
any law or rule enforceable by the department has been violated, or that a lawful order issued by such commis-
sioner has not been complied with, the following presumptions shall apply
:
§28
-
205.1.2.1 Presumption of commissioner certificate.
A certificate in writing by the commissioner, or 
his or her authorized representative, shall be presumptive evidence of any matter stated therein.
§28
-
205.1.2.2 Presumption of 
ownership.
The person in whose name the real estate affected by the action 
is recorded in the office of the city register or the county clerk, as applicable, shall be presumed to be the owner 
thereof.
§28
-
205.1.2.3 Presumption of employment or agency. 
Whenever there is evidence that a person was the 
manager, operator, or supervisor or, in any other way, in charge of the premises, at the time the violation 
occurred, such evidence shall be presumptive that he or she was an agent or employee of the owner a
nd/or 
lessee of the building, structure, or premises.
§28
-
205.1.2.4
Presumption of electronic signature and electronic submission.
Anyone who receives access 
to an account for electronic filing from the department shall be presumed to have personally submitted or au-
thorized the submission of all documents submitted to the department from that account and to have personally 
electronic
ally signed all documents required to be electronically signed from such account.
§28
-
205.1.3 Costs.
In no case shall the department, or any officer or employee thereof, be liable for costs in any 
such action or proceeding; and officers and employees of the department, acting in good faith and without malice, 
shall be free from liability for acts done in 
any such action or proceeding.
§28
-
205.1.4 Lien.
Any judgment rendered in any such action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceeding, if any, the lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county in which the premises is located, and to have priority 
before any mort
-
gage or other lien existing prior to such filing, except tax and assessment liens.
§28
-
205.1.5 Notice of pendency.
The notice of pendency referred to in this section may be filed at the com-
mencement of judicial proceedings; provided the commissioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code may be vacated
and cancelled of record upon an order 
of a justice of the court in which such action or proceeding was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the county where the n
otice is filed is hereby directed and required 
to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon 
the presentation and filing of a certified copy of such order or consent.
ARTICLE 206
CRIMINAL JUDICIAL PROCEEDINGS
§28
-
206.1 Criminal judicial enforcement. 
The owner, lessee, person in charge, or occupant of any building, struc-
ture, premises, equipment or part thereof, where a violation of this code, the 1968 building code, the zoning resolution 
or of other laws or rules enforced by the department or any orde
r issued by the commissioner shall exist or the agent, 
architect, builder, contractor, engineer, or any other person who commits or knowingly assists in any such violation 
or who maintains any building, structure, p
remises, equipment or part thereof where any such violation shall exist 
ENFORCEMENT
shall be guilty of a criminal offense punishable by a fine or imprisonment or both a fine and imprisonment in ac-
cordance with this code.
§28
-
206.1.1 Other penalties. 
The criminal penalties provided by this code shall be in addition to or alternative 
to any civil sanctions authorized to be imposed for an unlawful use or condition cited in this code.
ARTICLE 207
PEREMPTORY ORDERS
§28
-
207.1 Contents and service.
Peremptory orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. Such orders may be served personally or by posting at 
the premises followed by regular mail, by any officer 
or employee of the department, or by any person authorized by the commissioner.
§28
-
207.2 Stop work orders.
Whenever the commissioner has issued a notice of proposed revocation pursuant to 
section 28
-
105.10.1 of this code or finds that any building work is being executed in violation of the provisions of 
this code, the 1968 building code, the zoning resolution o
r of any laws or rules enforced by the department, or in a 
dangerous or unsafe manner, 
or, if the department of health and mental hygiene makes a referral to the department 
regarding unsafe lead work practices, the commissioner 
or his or her authorized representative may issue a stop work 
order.
§28
-
207.2.1 Issuance.
Upon issuance of a stop work order by the commissioner, all work shall immediately stop 
unless otherwise 
specified. Such order may require all persons to forthwith vacate the premises pursuant to the 
provisions of section 28
-
207.4 and may also require such work to be done as, in the opinion of the commissioner, 
may be necessary to remove any danger therefrom.
The police department or other law enforcement agency or 
officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28
-
207.2. 
The stop work order may be given verbally or in writing to the owner, lessee or occ
upant of the property involved, 
or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed 
promptly by a written order and shall include the reason for the issuance of the stop work order. All written o
rders 
issued pursuant to section 28
-
207.2 shall be posted upon the premises and made available to the public.
§28
-
207.2.2 Unlawful continuance.
No person shall with knowledge or notice of a stop work order allow, au-
thorize, promote, continue or cause to be continued any work covered by the stop work order, except such work 
that may be required by order of the commissioner.
§28
-
207.2.3 Rescission.
Upon application, the commissioner shall rescind the stop work order when the condi-
tion that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for 
any violation of such order have been paid or, where a v
iolation is pending, security for the payment of such 
penalties or fines has been posted in accordance with department rules, or where the stop work order was issued 
in error or conditions are such that it should not have been issue
d. The commissioner may by rule require the 
payment of a fee in the amount of the expense of additional inspection and administrative expense related to such 
stop work order.
§28
-
207.2.4 Mandatory stop work orders. 
The commissioner shall issue stop work orders in the circumstances 
set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume 
until the stop work order is rescinded by the department. The stop work order sh
all not be rescinded less than two 
business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit 
the commissioner’s power to issue stop work orders in other cir
cumstances.
§28
-
207.2.4.1 Scaffold safety.
A stop work order shall be issued if a permit holder or person directly in charge 
of any suspended scaffold supported by c
-
hooks or outrigger beams fails to notify the department prior to the 
installation or use of such equipment as required by section 
3314.4.1.5 
of the New York city building code and 
either:
1.
The rigger does not hold a license required by this code, or
2.
The workers lack certificates of fitness as 
required by this code or applicable rule, or
3.
The rigger failed to file with the department satisfactory evidence of insurance required by this code.
ENFORCEMENT
§28
-
207.2.5 Tampering.
It shall be unlawful to tamper with, remove or deface a written posted stop work order 
from the location where it was affixed unless and until such stop work order has been rescinded by the commis-
sioner. The owner or other person in control of the location shall ensure that the stop work order remains posted 
until rescinded by the commissioner.
§28
-
207.2.6 Penalties.
In addition to the penalties provided for in this chapter, any person who fails to comply 
with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and 
$12,000 for every subsequent violation, to be paid to
the department prior to the rescission of the stop work order; 
provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as 
authorized by order of the commissioner.
§28
-
207.3 Public nuisance.
Whenever any building, structure, place or premises is or may be perilous to life or 
property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in 
its construction, or deficiencies in fire alarm, fi
re extinguishing equipment or fire escape equipment, or by reason of 
any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the 
extent that the commissioner may specify, is 
a public nuisance and may order the same to be removed, sealed, abated, 
repaired, altered or otherwise improved.
§28
-
207.3.1 Rescission. 
Upon application, the commissioner shall rescind such order when the condition that 
gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such 
that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of 
the expense of additional inspection and administrative expense related to such order.
§28
-
207.4 Vacate order.
Where there is
a condition that is or may be imminently perilous, dangerous or detrimental 
to life, public safety or property, or where an order to remedy such condition has not been immediately complied 
with, or the commissioner determines that an emergency exists requi
ring such action, the com
-
missioner may order 
and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given 
verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of
any of them, or to 
the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order 
and shall include the reason for the issuance of the vacate order.
The written vacate order shall include the date by 
which the owner shall certify the correction of any and all violations giving rise to such vacate order.
§28
-
207.4.1 Basis for vacate.
Conditions for which the commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a hazard to life, public safety, or property:
1.
Danger of structural failure;
2.
Danger of façade failure;
3.
Inadequate fire protection, detection, or suppression;
4.
Inadequate egress; 
5.
Improper storage of hazardous, combustible or toxic materials; or
6.
Defective or unlawful gas work.
‡‡‡
§28
-
207.4.2 Enforcement of vacate order. 
All orders issued pursuant to section 28
-
207.4 shall be posted 
upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and 
employees of the police department, the department, and other authorized officers and employees of the city shall 
immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the 
department and other authorized officers and employees necessary to carry out the provisions of section 28
-
207.4
. 
A copy of the vacate order may be filed with the county clerk of the county in which the premises is located
. 
A 
record of the vacate order shall be maintained by the department. 
When active, the vacate order shall also be 
documented on the department’s website, which is accessible
to the public. Such 
documentation on the depart-
ment’s website 
shall 
constitute 
notice of 
any active 
vacate order to any 
owner or subsequent owner
, 
who
shall be 
subject to such ord
er.
§28
-
207.4.3 Penalties.
In addition to the penalties provided for in this chapter, the owner of a premises where 
the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial 
ENFORCEMENT
violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the 
vacate order.
§28
-
207.4.4 Rescission.
Upon application, the commissioner may rescind the vacate order when the condition 
that gave rise to its issuance has been corrected, any civil penalty pursuant to section 28
-
207.4.3 has been paid, 
or where the vacate order was issued in error or condition
s are such that it should not have been issued. The 
commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and 
administrative expense related to such vacate order.
§28
-
207.4.5 Tampering.
It shall be unlawful to remove or deface a written posted vacate order from the location 
where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or 
other person in control of the location shall ensure that
the vacate order remains posted until rescinded by the 
commissioner.
§28
-
207.4.6 Unlawful continuance.
No person shall with knowledge or notice of a vacate order allow, authorize, 
promote, continue or cause to be continued any occupancy or use covered by the vacate order.
§28
-
207.5 Cease use orders for service equipment. 
Whenever the commissioner determines that the operation of 
any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order 
requiring such equipment to be shut down or sealed or otherwise made inoperable.
Upon the issuance of such order 
a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful 
to operate such equipment or to remove or deface such
tag unless and until the cease use order is rescinded by the 
commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice 
remains affixed until rescinded by the commissioner.
§28
-
207.5.1 Rescission of cease use order.
Upon application, the commissioner may rescind the cease use order 
when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, where a vio
lation is pending, security for the payment 
of such penalties or fines has been posted in accordance with department rules or where the cease use order was 
issued in error or conditions are such that it should not
have been issued. The commissioner may by rule require 
the payment of a fee in the amount of the expense of additional inspection and administrative expense related to 
such cease use order.
ARTICLE 208
COMMISSIONER’S REQUEST FOR CORRECTIVE ACTION
§28
-
208.1 Commissioner’s request for corrective action.
As an alternative to the issuance of an order or notice 
of violation, the commissioner may issue a request for corrective 
action to any person responsible for any claimed 
unlawful use or condition in any premises. Each request for corrective action shall have the commissioner’s signature 
affixed thereto; but the commissioner may authorize any subordinate to affix such signatu
re, including an electronic 
signature.
§28
-
208.1.1 Contents and delivery. 
The request for corrective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, shall be designated by address, where applicable, shall 
be sent by regular mail or upon consent by electronic means to
the owner, lessee, person in charge, or occupant 
of the building, structure, premises, equipment or to any person responsible for the unlawful use or condition at 
the last known address for such person. Requests for corr
ective action may be sent to a managing agent or other 
person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request 
shall describe the unlawful use or condition, call upon the person addressed to correct 
it and to inform the depart-
ment of the action taken. A time for correction or response shall be specified. A request for corrective action may 
be given orally, followed within a reasonable time by a writing as described in this section. A request for corre
ctive 
action shall provide notice that failure to respond to such a request may result in the imposition of a fee for any 
subsequent inspection that results in the issuance of a notice of violation for the condition.
§28
-
208.1.2 Public record.
The department shall keep a record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request for corrective action shall be reflected as withdrawn 
upon submission to the department of a statement i
n a form prescribed by rule indicating that the use or condition 
ENFORCEMENT
has been corrected or did not exist or following an inspection by the department that confirms correction. A 
request for corrective action may be issued in response to a complaint or inspection.
*
§28
-
208.2 Issuing requests for corrective action to one
- 
and two
-
family homes. 
A request for corrective action, 
in lieu of a notice of violation, may be issued to the owners of one
- 
and two
-
family homes where a notice of violation 
has not been issued at the property within the past five years. A waiver of department penalties, which may include 
department penalties for performing work without a permit or any other penalties that must be paid before a permit 
may be issued by the department, may be made available to owners of one
- 
and two
-
family homes who seek to correct 
conditions identified in a request for corrective action issued by the department. Additional parameters regarding 
issuing requests for corrective action to the owners of one
- 
and two
- 
family
homes may be established by the depart-
ment by rule.
Exceptions: 
This section shall not apply to immediately hazardous violations for illegal conversions as described 
in section 28
-
210.1 and immediately hazardous violations that led to death or serious injury.
*Section §28
-
208.2
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
208.3 Other remedies not precluded.
Nothing in this article shall be construed to limit the power of the 
commissioner to take any other action authorized by this code with respect to any unlawful use or condition includ-
ing, but not limited to, the commencement of an action or proceeding in a court or before the environmental control 
board or other administrative tribunal or the issuance of a peremptory order or to 
require that the commissioner issue 
a request for corrective action as a prerequisite to any other enforcement action.
*Section §28
-
208.3
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
ARTICLE 209
COMMISSIONER’S ORDER TO CORRECT UNLAWFUL USE OR CONDITION
§28
-
209.1 General.
The commissioner may issue an order to the persons responsible for any unlawful use or con-
dition in any premises directing such person to correct the unlawful use or condition. Each such order shall have the 
commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signa-
ture, including an electronic signature.
§28
-
209.2 Contents and service of order. 
All orders issued by the commissioner shall contain a description of the 
building, structure, premises, equipment or subject matter affected, and shall be designated by address where appli-
cable. All such orders shall be served by regular mail or, upon cons
ent, electronically. Such orders may be served by 
any officer or employee of the department, or by any person authorized by the commissioner. An order may be given 
orally, followed within a reasonable time by a writ
ten order as described in this section. Failure to comply with a 
commissioner’s order within the stated time period shall be a violation of this code punishable by civil penalties or 
criminal fines and imprisonment as set forth in this code. Proof of compl
iance with a commissioner’s order shall 
consist of certification as prescribed by the rules of the department.
ARTICLE 210
ILLEGAL CONVERSIONS
§28
-
210.1 Illegal residential conversions. 
It shall be unlawful, except in accordance with all requirements of this 
code, to convert any dwelling for occupancy by more than the legally authorized number of families or to assist, take 
part in, maintain or permit the maintenance of such conversion. Upon the finding of such violation and the imposition 
of punishment for such violation as set forth in this code the department or if applicable the environmental control 
board shall forward to the internal revenue
service, the New York state department of taxation and finance and the 
New York city department of finance the name and address of the respondent or defendant, the address of the building 
or structure with respect to which the violation occurred and the time period during which the violation was found 
to have existed.
§28
-
210.1.1 Inspection; failure to gain access to premises. 
Upon receiving a complaint of a condition relating to 
a building or part thereof that would, if observed by the commissioner, be identified by the commissioner as a 
ENFORCEMENT
violation of section 28
-
210.1 involving the illegal conversion, maintenance or occupancy of three or more dwelling 
units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as 
evidenced by official reco
rds, the commissioner shall attempt to enter and inspect such building or part thereof. 
After two unsuccessful attempts to gain access to such building or part thereof, the commissioner shall request the 
corporation counsel to make an application in any co
urt of competent jurisdiction for an ex parte administrative 
warrant directing the entry and inspection of such premises or location and to issue violations found upon access 
to such premises or locations. In preparing such requests, priority may be given 
by the commissioner to requests 
based on the degree of hazard to safety or property that the commissioner believes present. Such counsel shall 
promptly consider such request, and where such counsel determines that there is appropriate basis to obtain such 
an order, shall seek such an order. The commissioner shall promptly execute any such order in accordance with its 
terms.
§28
-
210.2 Illegal industrial or manufacturing conversions.
Except as otherwise provided by section 42
-
03 of 
the New York city zoning resolution and the multiple dwelling law, it shall be unlawful, except in accordance with 
all requirements of this code, to convert to residential use any space legally authorized fo
r occupancy for industrial 
or manufacturing use or to assist, take part in, maintain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishmen
t for such violation as set forth in this code the department, 
or, if applicable, the environmental control board shall forward to the internal revenue service, the New York state 
department of taxation and finance and the department of finance the name an
d address of the respondent or defend-
ant, the address of the building or structure with respect to which the violation occurred and the time period during 
which the violation was found to have existed.
§28
-
210.3 Illegal conversions of dwelling units from permanent residences.
Except as otherwise provided in 
subdivision 16 of section 67 of the New York state multiple dwelling law and section 120 of the New York state 
multiple dwelling law, dwelling units within (i) a class A multiple dwelling as defined in section 27
-
2004 of the
administrative code, (ii) occupancy group J
-
2 as described in section 27
-
265 of the administrative code or (iii) occu-
pancy group R
-
2 as described in section 310.4 of the New York c
ity building code shall be used only for permanent 
residence purposes as required pursuant to subparagraph a of paragraph 8 of subdivision a of section 27
-
2004 of the 
administrative code. It shall be unlawful for any person or entity who owns or occupies a
multiple dwelling or 
dwelling unit classified for permanent residence purposes to use or occupy, offer or permit the use or occupancy or 
to convert for use or occupancy such multiple dwelling or dwelling unit for other than permanent residence purposes. 
F
or the purposes of this section a conversion in use of a dwelling unit may occur irrespective of whether physical 
changes have been made to such dwelling unit. The provisions of this section shall not be construed to prohibit lawful 
accessory uses permitte
d pursuant to the zoning resolution or the lawful conversion of dwellings in accordance with 
applicable law.
§28
-
210.3.1 Reporting on illegal conversions of dwelling units from permanent residences.
By no later than 
September first of each year, the department shall, with the cooperation of the mayor’s office of special enforcement 
and all other relevant city agencies, submit a report to the council including, but not limited to, the following 
inform
ation for the previous year, disaggregated by council district:
1.
The number of complaints received by the department alleging the conversion of dwelling units for other 
than permanent residence purposes;
2.
The number of inspections conducted by the city in response to suspected conversions of dwelling units for 
other than permanent residence purposes;
3.
The number of notices of violation issued for conversions of dwelling units for other than permanent resi-
dence purposes;
4.
The amount of civil penalties imposed for such violations and the amount of such penalties collected;
5.
For each inspection resulting in the issuance of a notice of violation:
5.1.
The name of the owner and the address of the building to which such notice of violation was issued; and
5.2.
The number and type of violations issued, disaggregated by whether such violations are upheld, pending 
or dismissed;
6.
For each inspection resulting in the issuance of a notice of violation pursuant to section 28
-
210.3:
ENFORCEMENT
6.1.
Whether each such notice of violation was      classified as immediately hazardous pursuant to item 16 of 
section 28
-
201.2.1;
6.2.
For each such immediately hazardous violation, whether the notice of violation was for the illegal con-
version of more than one dwelling unit or for a second or subsequent offense; and
6.3.
The number of notices of violation issued pursuant to section 28
-
210.3 to the building in the five years 
preceding the submission date of the report.
§28
-
210.4 Unlawful advertisement for certain occupancies.
It shall be unlawful to advertise occupancy or use of 
dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of the 
multiple dwelling law defining a “class A” multiple dwelling as a multiple dwelli
ng that is occupied for permanent 
residence purposes.
§28
-
210.4.1 Enforcement.
The provisions of section 28
-
210.4 shall be enforced by the mayor’s office of special 
enforcement. Any person found to have violated the provisions of section 28
-
210.4 shall be liable for a civil penalty 
of not more than $1,000 for the first violation, $5
,000 for the second violation and $7,500 for the third and subse-
quent violations.
§28
-
210.4.2 Definition.
For the purposes of this section, the term “advertise” shall mean any form of communica-
tion, promotion or solicitation, including but not limited to direct mail, newspapers, magazines, flyers, handbills, 
television commercials, radio, signage, electronic 
mail, websites, text messages or similar displays, intended or 
used to induce, encourage or persuade the public to enter into a contract for goods and/or services.
ARTICLE 211
FALSE STATEMENTS
§28
-
211.1 False statements in certificates, forms, written statements, applications, reports, or certificates of 
correction
.
It shall be unlawful for any person to knowingly or negligently make or allow to be made a material 
false statement in any certificate, professional certification, form, signed statement, application, report or certifica-
tion of the correction of a violati
on that is either submitted directly to the department or that is generated with the 
intent that the department rely on its assertions.
§28
-
211.1.1 Rebuttable presumption.
In any proceeding that relates to a false statement in a certification of 
correction of a violation filed in compliance with section 28
-
204.2 if an inspection made within six months after 
the filing of the certification finds a condition constituting a vio
lation that is the same as the condition described 
in the notice of violation with respect to which such certification was filed, there shall be a rebuttable presumption 
that the condition described in such notice of vio
lation continued and is the same condition found in the inspection.
§28
-
211.1.2 Additional penalty for false statements.
In addition to any other penalty provided by law, the 
commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promulgated there under that bears th
e signature of a person 
who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department’s 
rules, to have knowingly or negligently made a false statement
or to have knowingly or negligently falsified or 
allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction 
of a violation required under the provisions of this code or of a rule of any agency p
romulgated there under.
§28
-
211.1.3 Notification to other government agencies.
Where the department makes a determination that a 
person has violated section 28
-
211.1, the department shall send written notice to the council, the department of 
investigation, New York state division of housing and community renewal and the state tenant 
protection unit, 
and shall refer such finding to the district attorney of the county in which the property is located and the state 
attorney general.
§28
-
211.1.4 Reporting.
By no later than January 30 of each year, the department shall submit a report to the 
mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a 
determination that a person had violated section 28
-
211.1.
§28
-
211.2 Falsely impersonating a department officer, inspector or employee.
It shall be unlawful for any 
person to falsely represent himself or herself as an officer, inspector or employee of the department, or as acting 
ENFORCEMENT
under the authority of the department, or without authority to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee.
§28
-
211.3 Identifying unlawful statements.
The department, in coordination with the department of finance, shall 
collect information from the department of 
finance regarding occupied and rent regulated buildings to identify vio-
lations of section 28
-
211.1. The department shall also request information from the New York state division of 
housing and community renewal regarding occupied and rent regulated buildi
ngs to identify violations of section 
28
-
211.1.
§28
-
211.3.1 Required audits.
If the department determines that a person has violated section 28
-
211.1, or that 
the person has performed work in violation 28
-
105.1 in a building that is occupied as a dwelling, the department 
shall conduct an audit of filings for all buildings owned by 
such person and located in the city to determine if 
other violations of 28
-
211.1 have occurred with respect to other buildings owned by such person. If more than 
five amendments to approved construction documents have been subm
itted to the department within a six month 
period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in 
whether the building contains occupied housing accommodations subject to rent control or rent stabilizat
ion under 
chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an 
application for a new permit to the department,    the department shall conduct an audit of all properties owned by 
such person and
located in the city to determine if any statements were made that are unlawful pursuant to section 
28
-
211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the 
watch list established by article 3 of subch
apter 4 of chapter 2 of title 27 of the administrative code for compliance 
with building permit requirements, including whether section 28
-
211.1 has been violated.
ARTICLE 212
ABATEMENT OF PUBLIC NUISANCE CAUSED BY CERTAIN ILLEGAL OCCUPANCIES
§28
-
212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in res-
idence districts and certain other zoning districts. 
Any building or part thereof or vacant land that is located in 
a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning 
resolution, without a certificate of occupancy or other authorization of suc
h use, is hereby declared to be a public 
nuisance. Any building or part thereof or vacant land that i
s located in a C
-
1 or C
-
2 commercial zoning district and 
that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in 
sections 32
-
25, 42
-
14, and 42
-
15 of the zoning resolution, in violation of the zoning re
solution, without a certificate 
of occupancy authorizing such use is hereby declared to be a public nuisance.
§28
-
212.2 Order of closure.
If a building or part thereof or vacant land in which such a nuisance occurs is not 
occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy 
under any other provision of law, after notice and the oppo
rtunity for a hearing in accordance with this article, order 
the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.
§28
-
212.3 Notice of hearing.
A notice of hearing with respect to an order of closure shall be served on the owner 
and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occu-
pying such building or part thereof or such vacant land at
which the nuisance is located.
§28
-
212.4 Service of notice of hearing. 
Service may be made on the owner by delivering such notice to the owner 
or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the 
owner or, if upon reasonable application such delivery cannot be 
completed, by affixing such notice in a conspicuous 
place at the owner’s place of business or residence or by placing it under the entrance door at either of such locations 
or by delivering such notice to a person em
ployed by the owner to work at or to manage or maintain the premises at 
which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice 
of hearing as follows:
§28
-
212.4.1 Mailing to owner’s registered address. 
To the person registered with the department of housing 
preservation and development as the owner or agent of the premises, at the address filed with such department in 
compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrativ
e code;
§28
-
212.4.2 Mailing to billing address.
To the person designated as owner of the building or designated to 
receive real property tax or water bills for the building at the address for such person contained in one of the files 
ENFORCEMENT
compiled by the department of finance for the purpose of the assessment or collection of real property taxes and 
water charges or in the file compiled by the department of finance from real property transfer forms filed with the 
city register upon the sale
or transfer of real property; or
§28
-
212.4.3 Mailing to recorded address.
To the person in whose name the real estate affected by the order of 
the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address 
set forth on the recorded instrument.
§28
-
212.4.4 Service on corporate owner.
Service may be made on an owner that is a corporation pursuant to 
section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been 
completed 45 days following service upon the secretary of state.
§28
-
212.4.5 Service on mortgagees. 
Service may be made upon mortgagees of record by mailing such notice to 
the mortgagees at the address set forth on the recorded instrument.
§28
-
212.4.6 Service on occupants. 
Service may be made upon an occupant by delivering such notice to the 
occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the 
nuisance is located; or by affixing such notice to the premises at which th
e nuisance is located in a conspicuous 
place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the 
occupant at such premises; and in all instances except personal delivery u
pon such occupant, by mailing the notice 
of hearing to the occupant at the premises at which the nuisance is located.
§28
-
212.4.7 Proof of service. 
Proof of service pursuant to section 28
-
212.4.1 through 28
-
212.4.6 shall be filed 
with the commissioner.
§28
-
212.5 Conduct of hearing by office of administrative trials and hearings. 
The hearing shall be conducted 
by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall 
submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such re
c-
ommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the 
building or part thereof or vacant land is a public nuisance, pu
rsuant to this article, the commissioner may issue an 
order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the 
building that are not subject to the order of closure.
§28
-
212.6 Lack of knowledge not a defense. 
At such hearing it shall not be a defense that the owner, occupant, 
lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce 
or participate in the creation or continuation of the public nuisance
.
§28
-
212.7 Closure not an act of possession. 
A closure ordered by the commissioner pursuant to this article shall 
not constitute an act of possession, ownership, or control by the city over the closed premises.
§28
-
212.8 Posting of order of closure. 
An order of closure shall be posted at the building or part thereof or vacant 
land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record 
mortgagee at the address for such person set forth in the recorde
d instrument, and to the person designated as owner 
or agent of the building or designated to receive real property tax or water bills for the building at the address for 
such person contained in one of the files comp
iled by the department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the file compiled by the department of finance from real 
property transfer forms filed with the city register upon the sale or 
transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the 
order to any subsequent owner and such owner shall be subject to such order.
§28
-
212.9 Enforcement of order of closure.
On the tenth business day after the posting of such order and upon 
the written directive of the commissioner, police officers and authorized employees of the department shall act upon 
and enforce such order by sealing, padlocking, or otherwise preventing a
ccess to the premises in a manner that will 
not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the 
closure order.
§28
-
212.10 Rescission of order of closure.
If at any time after the issuance of such order, the owner, mortgagee, 
or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that 
the illegal commercial or manufacturing use of the premises has b
een discontinued and will not reoccur, or such 
owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the 
ENFORCEMENT
commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of 
such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk 
or register of the county 
in which such premises are located. No such re
-
occupancy shall be permitted without a 
certificate of occupancy or other department records authorizing such use.
§28
-
212.11 Violation of closure order.
It shall be unlawful for any person to use or occupy or to 
permit any other 
person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise 
closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the 
commissione
r. Intentional disobedience or violation of any provision of a closure order shall be punishable as an 
immediately hazardous violation.
ARTICLE 213
PENALTY FOR WORK WITHOUT A PERMIT
§28
-
213.1 Department penalty for work without a permit. 
In addition to any penalties otherwise authorized by 
law pursuant to article 202 and the rules of the department, whenever any work for which a permit is required pur-
suant to this code has been performed without a permit, a penalty shall be imposed by the 
department as provided in 
this article.
Exception:
No such penalty shall be imposed for work performed without a permit to hang or attach upon or on 
the outside of any building a sign that is accessory to a use on the same zoning lot, as defined in section 12
-
10 of 
the New York city zoning resolution that
does not exceed one hundred fifty square feet in area, measured on one 
face only, or exceed one thousand two hundred pounds in weight. All such outstanding penalties imposed on or 
after December 28, 2017 shall be waived.
§28
-
213.1.1 Penalty for work without permit on one
-
or two
-
family dwelling.
Where work has been per-
formed without a permit on a one
-
or two
-
family dwelling the penalty shall equal six times the amount of the fee 
payable for the permit. Where only part of the work has been 
per
-
formed
without a permit, the penalty shall be 
reduced proportionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $600, nor mor
e than $10,000.
§28
-
213.1.2 Penalty for work without permit on other than one
-
or two
-
family dwelling. 
The penalty for 
work without a permit on buildings other than one
-
or two
-
family dwellings shall be 21 times the amount of the 
fee payable for such permit. Where only part of the work has been performed without a permit, the penalty shall 
be reduced propor
tionately according to the amount of work still to be performed at the time a permit is issued. 
Notwithstanding the foregoing, no such penalty shall be less than $6,000,
nor more than $15,000.
§28
-
213.2 Waiver.
Such penalty and the permit fee shall be payable by the owner of the building on which the 
unpermitted work was performed. A waiver or reduction of such penalty shall be available to a subsequent bona fide 
purchaser of the premises pursuant to department r
ules.
§28
-
213.3 Payment of penalty required before issuance of permit. 
No permit shall be issued for work described 
in this article until the penalty assessed by the department pursuant to this article has been paid.
§28
-
213.4 Procedure. 
The department shall adopt a rule setting forth a procedure for assessment of penalties pur-
suant to this article.
§28
-
213.5 Watch list of contractors performing work without required permit.
The department shall compile and 
maintain a watch list of contractors who have been found to have performed work without a required permit in the 
preceding two years. 
§28
-
213.5.1 Increased oversight.
At any site where a contractor that is included on the watch list created pursuant 
to section 28
-
213.5 performs work in an occupied building, the department shall perform one or more inspections 
in order to ensure compliance with applicable laws, rules, r
egulations and permitting requirements. The department 
may promulgate rules providing for additional oversight of such contractors where appropriate for the protection 
of the public. 
ENFORCEMENT
§28
-
213.5.2 Exemption.
Any work performed by a contractor that is wholly or partially exempt from a civil penalty 
for work performed without a permit pursuant to a rule of the department shall not be considered in determining 
whether the contractor is to be included on the watc
h list created pursuant to section 28
-
213.5.
§28
-
213.5.3 Removal from watch list.
The department shall remove from the watch list created pursuant to section 
28
-
213.5 any contractor who has not been found to have performed work without a permit in the two years after 
the latter of the following dates: (i) the date on which such contrac
tor was originally placed on such watch list or 
(ii) the date on which such contractor most recently performed work without a required permit.
§28
-
213.6 Enhanced penalties for other violations.
Where a penalty is imposed pursuant to this article for work that 
has been performed without a permit on a building (i) the civil penalty for each violation of this code issued for such 
building within one year after such imposition shall be two times the
penalty that would otherwise apply for such 
violation or (ii) if such work without a permit was performed on only part of such building and the owner of such part 
is not the owner of such building, the civ
il penalty for each violation of this code issued for such part within one year 
after such imposition shall be two times the penalty that would otherwise apply for such violation.
§28
-
213.7 Inspection fees.
Where a penalty is imposed pursuant to this article for work that has been performed 
without a permit on a building (i) the department may impose an inspection fee, in an amount to be established by 
rule, for each complaint
-
based inspection it conducts at
such building within one year after imposition of such penalty 
where such inspection results in the issuance of a violation or (ii) if such work without a permit was performed on 
only part of such building and the owner of such p
art is not the owner of such building, the department may impose 
an inspection fee, in an amount to be established by rule, for each complaint
-
based inspection it conducts at only such 
part within one year after imposition of such penalty or until the date
such part of such building changes
ARTICLE 214
ORDER TO SEAL, SECURE AND CLOSE
§28
-
214.1 Order to seal, secure and close. 
If the commissioner determines such action is necessary to the preser-
vation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and 
closed.
§28
-
214.1.1 Definition. 
For the purpose of this article, “sealed” and “sealed, secured and closed” shall mean the 
use of any means available to render the building, structure or part thereof inaccessible, including but not limited 
to the use of a padlock or cinder blocks.
§
28
-
214.1.2 Hearing.
Such order to seal, secure and close shall contain notice of the opportunity for a hearing 
with respect to such order to determine if the order was properly issued in accordance with the provisions of this 
article. Such hearing shall be conducted by the co
mmissioner, or in the commissioner’s discretion, by the office 
of administrative trials and hearings or the environmental control board. If the matter is referred to such office or 
board, the hearing officer shall submit his or her fin
dings of fact and a recommended decision to the commissioner. 
The hearing shall be held within three business days after the receipt of the written request of an owner, lessor, 
lessee, or mortgagee for such hearing. The commissioner shall render a decision
within three business days after 
such hearing is concluded or findings of fact and a recommendation are submitted.
§28
-
214.1.3 Service of seal, secure and close order. 
Such order issued pursuant to this article shall be served 
as follows: It shall be mailed to the record owner of such premises; any record mortgagee of such premises at the 
address for such person as set forth in the recorded instrument; and if reasonably ascertainable, the person desig-
nated as owner’s agent of the building or designated to receive real property tax or water bills for the building at 
the address for such pers
on contained in one of the files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water charges or in the file compiled by the department of 
finance from real property transfer forms filed wit
h the city register upon the sale or transfer of real property. A 
copy shall also be filed with the county clerk of the county in which such premises is located. Such filing shall be 
notice of the order to any subsequent owner and such owner shall be subje
ct to such order.
§28
-
214.1.4 Rescission of seal, secure and close order. 
An order issued pursuant to this article shall not be 
rescinded unless the owner, lessor, lessee or mortgagee seeking such rescission provides assurance, in a form 
satisfactory to the commissioner, that the conditions that caused the issuance of such order
have been corrected 
and will not reoccur. If such order is rescinded, upon the request of the owner, lessor, lessee or mortgagee, the 
ENFORCEMENT
commissioner shall provide a certified copy of such rescission, which may be filed with the county clerk of the 
county in which such premises is located.
§28
-
214.1.5 Expenses of enforcing seal, secure and close orders. 
The expenses attending the execution of any 
and all orders duly made by the department shall respectively be a several and joint personal charge against each 
of the owners or part owners, and each of the lessees and occupants of the building, structure, en
closure, place or 
premises to which such order relates, and in respect to which such expenses were incurred; and also against every 
person or body who was by law or contract bound to do that 
in regard to such building, structure, enclosure, place 
or premises which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to 
become due, for the use of any building, structure, place or premises, or any part the
reof, to which such order 
relates, and in respect to which such expenses were incurred.
§28
-
214.1.6 Notice of seal, secure and close order to community. 
The commissioner shall give written notice 
of the closing of any building, structure, enclosure, place or premises pursuant to this article, and any subsequent 
actions taken with respect thereto, as soon as practicable, to the borough president of the boro
ugh within which 
the closing has occurred; the council member representing the district within which the closing has occurred; and 
the local community board. On January first of each year, th
e commissioner shall submit a report to the council, 
setting forth the number of closings made in the previous year, the locations of such closings, and the nature and 
use of the premises closed. The commissioner shall, in addition, as soon as practicable 
after a building, structure, 
enclosure, place or premises has been closed, make and publish a report of said closing in a manner calculated to 
quickly notify the local community in which such closing occurred. The commissioner shall also make and publish 
a
report of any premises reopened pursuant to his or her permission under this article. Failure to comply with this 
section shall not invalidate any action taken by the commissioner pursuant to this article.
§28
-
214.2 Access to sealed premises.
The commissioner shall allow access to the premises sealed, secured and 
closed pursuant to this article to an owner, or a lessor, lessee or mortgagee upon the following conditions:
1.
The submission of a written affirmation, satisfactory to the commissioner, that such person or persons will com-
mence or cause to be commenced without delay all work necessary to correct the conditions stated in the vacate 
order or otherwise to make the 
premises meet all applicable laws and rules and will complete such work within 
a period of time and in a manner to be approved by the commissioner;
2.
The submission of a written affirmation or other proof satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure that the premises will be used or operated in a lawful 
manner and specifying such
lawful use;
3.
If a license, permit, certificate of operation or certificate of occupancy is necessary for such lawful use, the 
submission of a written affirmation or other proof, satisfactory to the commissioner, describing the steps that 
have been taken and will be 
taken in the future to ensure that such premises will be used or operated in compli-
ance with any law requiring such license, permit, certificate of operation or certificate of occupancy; and
4.
If the premises are leased and the person making the affirmations described above in items 1, 2 and 3 is not such 
lessee, the commissioner may also require any authorized person seeking access to submit a written affirmation 
or other proof that proceedi
ngs to enable such person to take actions necessary to ensure compliance with the 
affirmations submitted by such authorized person pursuant to items 1, 2 and 3 have been commenced.
§28
-
214.3 Additional penalties for harm or injury from violation of order to seal, secure and close. 
Notwith-
standing any other law, rule, or regulation, any person, corporation, partnership, association or any other legal entity 
who permits a building, structure, enclosure, place or premises, or any part thereof, to be unlawfully occupied or 
used in contr
avention of an order of the commissioner pursuant to this article, or who negligently fails to prevent or 
prohibit such unlawful occupancy or use, shall be
liable for a civil penalty of not more than $1,000,000, if any other 
person suffers serious physical injury, as defined in section ten of the penal law, or death in the building, structure, 
place or premises or any part thereof subject to such order as a 
result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such penalty shall be recoverable for each person suffering 
serious physical injury or death. Such penalty shall be recovered in a civil action brou
ght by the corporation counsel 
in the name of the city in any court of competent jurisdiction. In determining the amount of the civil penalty to be 
imposed the court shall consider:
1.
The extent and severity of injury to persons and property caused by the violation;
ENFORCEMENT
2.
The history of violations by the defendant at such pre
-
mises, or any other premises, of laws or rules enforced by 
the department;
3.
The degree of willfulness, recklessness, or negligence displayed by the defendant in committing the subject 
violation;
4.
The defendant’s financial resources; and
5.
The defendant’s good faith efforts to cure the subject violation, including efforts to obtain entry to or possession 
of the premises in order to do so.
§28
-
214.3.1 Payment by city.
In the event that the family of any person seriously injured or who has died as the 
result of any unlawful occupancy or use described in section 28
-
214.3 is unable to collect a judgment recovered 
in a civil action for personal injury or wrongful death agai
nst a defendant who has violated section 28
-
214.3 
because of the insolvency of such defendant, the city may, in its discretion, pay to such injured person or the 
family of such deceased person an amount, as hereinafter provided
, collected from such defendant in an action 
relating to the same injury or death commenced by the corporation counsel against such defendant pursuant to 
this section.
§28
-
214.3.2 Limitations.
Payments pursuant to section 28
-
214.3.1 shall be made as a matter of grace and shall 
be in such amounts and in accordance with such standards and procedures as shall be established by the mayor, 
provided, however, that any payment made pursuant to section 
28
-
214.3.1 shall be in an amount not exceeding 
out
-
of
-
pocket expenses, including indebtedness reasonably incurred for medical or other services necessary as a 
result of the injury upon which such action is based; loss of earnings o
r support resulting from such injury; burial 
expenses not exceeding $2,500 of a person who died as a result of such unlawful occupancy or use described in 
section 28
-
214.3; and the unreimbursed cost of repair or replacement of articles of essential persona
l property 
lost, damaged or destroyed as a direct result of such unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person’s uncollected judgment for personal injury or wrongful 
death and in no event shall
the total amount paid to any number of persons with such uncollected judgments 
against a single defendant exceed the actual amount collected by the city from such defendant in an action under 
this subdivision.
ARTICLE 215
EMERGENCY POWERS OF THE COMMISSIONER
§28
-
215.1 Emergency work.
Notwithstanding any other provisions of law, if the commissioner determines that a 
structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public 
or is in imminent danger of collapse and the exigency of
the situation is such that any delay may cause further danger 
to the public safety, then the commissioner may direct the commissioner of housing preservation and development 
or the department of citywide administrative services, 
or other authorized agency to perform or arrange the perfor-
mance of the emergency work on, or demolition of, such structure or premises or part thereof or such other work as 
deemed by the commissioner to make it safe.
§28
-
215.1.1 Lien for emergency work.
The expenses of the city in performing emergency work on any structure 
or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon 
the land and any part of such structure that was not demolished. Ev
ery such lien shall have priority over all other 
liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided 
by rule of the affected agency, the agency incurring suc
h expense shall be governed by the procedures set forth 
in article 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of 
such debt and lien against all types of structures, including those authorized to be occup
ied or otherwise occupied 
for residential, commercial, and manufacturing purposes.
§28
-
215.1.2 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by section 28
-
215.1.
§28
-
215.1.3 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative 
ENFORCEMENT
services, housing preservation and development, or other authorized agency, with respect to work performed by 
or under the direction of such commissioner pursuant to the provisions of section 28
-
215.1.
§28
-
215.2 Stopping work and securing structures.
See
section 28
-
207.2.
§28
-
215.3 Vacating structures
.
See section 28
-
207.4.
§28
-
215.4 Violations of protective measures during construction or demolition
. 
During the construction or 
demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply 
with any of the provisions of this code that concern the protection of life, safety and property during constru
ction or 
demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the 
commissioner shall have full power to correct the viola
tion. All expenses incurred therefore shall become a lien on 
the property pursuant to section 28
-
112.9.
§28
-
215.5 Investigation of accidents or other emergency conditions. 
When necessary to conduct an investiga-
tion of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, 
building material, and portions of the affected building or premises for examination and testing. The p
olice depart-
ment or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall 
provide a suitable place for the deposit of such items.
§28
-
215.6 Closing streets temporarily.
The commissioner may, when necessary for the public safety, temporarily 
close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner 
or commissioner of the department of transportation, any of his 
or her subordinates shall enforce all orders or re-
quirements made by the commissioner, when so requested by the commissioner.
§28
-
215.7 Recovery of bodies from wrecked structures.
Where any persons are known or believed to be buried 
under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the 
premises to be made for the recovery of the injured and bodies of the dead. Wheneve
r, in making such examination, 
it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commis-
sioner in carrying out the purposes of this section, and s
hall provide suitable and convenient places for the deposit 
of such debris.
§28
-
215.8 Non
-
compliance with orders; execution of work by department.
Upon the failure to comply with 
any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work 
required to be executed by such order may be executed by the commissioner through the officers, agents or 
contrac-
tors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and ex-
penses of such work. Such costs and expenses shall become a
lien 
upon the premises involved and named in the 
commissioner’s order, which may be enforced in accordance with the provisions of section 28
-
112.9.
ARTICLE 216
UNSAFE BUILDINGS
§28
-
216.1 Conditions constituting an unsafe building or structure.
Any building, structure or part thereof de-
scribed in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and 
secure as provided herein.
§28
-
216.1.1 Compromised structures
. 
Any structure or premises or part of a structure or premises that from 
any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detri-
mental to human life, health or safety, shall be demolished and removed or m
ade safe and secure.
§28
-
216.1.2 Vacant buildings.
Any vacant building not continuously guarded or not sealed and kept secure 
against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall 
be the duty of the owner thereof promptly to make any repairs that m
ay be necessary for the purpose of keeping 
such building sealed and secure.
§
28
-
216.2 Record and notice of 
unsafe building
, 
structure or premises. 
The department shall cause a report to 
be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the 
structure and the nature of the unsafe condition and be made a record of the department.
ENFORCEMENT
§28
-
216.3 Notice of survey and summons and order. 
The owner, executor, administrator, mortgagee, lessee or 
any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or 
premises, shall be served with a notice of survey and summons containing a descrip
tion of the unsafe building, 
structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and 
removed as may be deemed necessary by the commissioner.
§28
-
216.3.1 Content. 
Such notice of survey and summons shall require the person thus served immediately to 
certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons 
shall further notify said person(s) that upon their refusal 
or neglect to comply with any of the requirements of this 
provision, a survey of the building or premises named in such notice will be made at a time and place therein 
named. The notice of survey and summons shall also state that if, p
ursuant to the survey, it is found that the 
building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey 
will be placed before the supreme court for trial at a time and place named in such notice.
§28
-
216.4 Method of service.
The notice of survey and summons and order shall be served in accordance with the 
New York state civil practice law and rules.
§28
-
216.5 Owner abatement of unsafe or dangerous conditions.
If the person served with a notice and order 
pursuant to section 28
-
216.4 shall immediately certify his or her assent to the securing or removal of such unsafe 
building, structure or premises condition, such person shall be allowed a period of time as dete
rmined by the com-
missioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person 
shall employ sufficient labor and assistance to secure or remove s
uch conditions as expeditiously as possible.
§28
-
216.6 Survey.
A survey of the 
building or premises shall be conducted as follows:
§28
-
216.6.1 Identity of surveyors.
The survey shall be made by three competent persons, of whom one shall be 
the commissioner; another shall be a registered design professional appointed by a recognized professional or-
ganization or by the commissioner; and the third shall be a registered de
sign professional appointed by the person 
served with a notice pursuant to section 28
-
216.4. If the person served with such notice shall neglect or refuse to 
appoint such surveyor, the other two surveyors shall make the s
urvey. In case they disagree, they shall appoint a 
third person to take part in such survey, who shall be a registered design professional of at least 10 years’ practice, 
whose decision shall be final.
§28
-
216.6.2 Posting report of survey.
A copy of the report of the survey shall be posted on the structure that is 
the subject thereof by the persons holding the survey, immediately on their issuing such report.
§28
-
216.6.3 Compensation of surveyors.
The registered design professional appointed by the respective pro-
fessional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in 
accordance with the provisions of section 28
-
216.6, and the third 
surveyor who may have been called in the case 
of disagreement provided for in section 28
-
216.6, shall each be paid a sum to be determined by rule to be prom-
ulgated by the department.
§28
-
216.6.4 Cost of survey.
Any costs incurred by the city in connection with the survey shall become money 
due and owing to the city as part of the return of precept and judgment provided for in sections 28
-
216.9, 28
-
216.10 and 28
-
216.11 or pursuant to lien provided for in section 2
8
-
112.9.
§28
-
216.7 Court proceeding.
Whenever the report of 
survey shall recite that the building, structure or premises 
surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the 
notice, place such notice and report before a justice of the court named in the
notice. The report of survey shall be in 
writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine 
whether the unsafe building, structure, or premises shall be vacated and sealed, secured, sh
ored, or demolished and 
removed.
§28
-
216.7.1 Precedence of proceeding.
The unsafe building proceeding shall have precedence over every other 
business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without 
delay, at the time specified in the notice, and shall be held by a justice
of the court or by a referee, whose decision 
or report in the matter shall be final.
§28
-
216.7.2 Precept to abate.
If the justice or referee determines the building, structure or premises that is the 
subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately 
ENFORCEMENT
issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 
28
-
207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or prem-
ises named in such report. Th
e precept shall be effective for a period of three years from the date of issuance.
§28
-
216.7.3 Notice of pendency.
A notice of pendency shall be filed in accordance with the following procedure:
1.
The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and 
shall be filed in the office of the clerk of the county where the property affected by such action, suit or 
proceeding is located. Such notice o
f pendency may be filed at any time after the service of the notice de-
scribed in section 28
-
216.3 of this code.
2.
Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated 
and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted 
or is pending, or upon the consen
t in writing of the corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket 
thereof, as vacated and cancelled of record upon the presentation and f
iling of a certified copy of such order 
or consent.
§28
-
216.8 Execution of precept. 
A precept issued pursuant to section 28
-
216.7.2 shall be executed in accordance 
with the procedure set forth in sections 28
-
216.8.1 through 28
-
216.8.3.
§28
-
216.8.1 Work by the department. 
Upon receiving a precept under the provisions of section 28
-
216.7.2, the 
commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and 
furnish such materials as may be necessary for that purpose. The commissione
r shall direct the commissioner of 
citywide administrative services or the department of housing preservation and development or other authorized 
agency to perform work in accordance with the precept. Such work shall be 
performed by or under the direction 
of citywide administrative services in accordance with the provisions of section 4
-
204 of the administrative code, 
or the department of housing preservation and development, or such other authorized agency.
§28
-
216.8.2 Owner application to perform work.
The owner of such unsafe building, structure, or premises, 
or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such 
precept, shall be allowed to perform the requirements of such precept at his or her 
own cost and expense, if the 
performance shall be done immediately and in accordance with the requirements of such precept and other appli-
cable laws and rules and such other requirements as the commissioner sh
all impose.
§28
-
216.8.3 Modification of precept.
The commissioner shall have authority to modify the requirements of any 
precept when such commissioner shall be satisfied that such change will secure the safety of such structure or 
premises equally well.
§28
-
216.8.3.1 Upon application.
The commissioner shall also have authority to modify the requirements of 
any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, 
or premises, or such owner’s authorized representative. In addition, upon 
application to modify the require-
ments of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and 
development, citywide administrative services or such other authorized agency, th
e commissioner shall have 
authority to modify such precept accordingly when the commissioner shall be satisfied that such change will 
secure the safety of such structure or premises equally well.
§28
-
216.8.3.2 Notice.
After a determination to modify the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the owner and applicant for the modification if other than 
the owner, at his or her last known address.
§28
-
216.8.3.3 Failure of owner to perform work.
If no action in accordance with the modified precept is 
undertaken by the owner or applicant for 
modification within the time period provided in the modification 
following the granting of such application, the commissioner may direct the department of housing preserva-
tion and development or the department of citywide administrative services or other a
uthorized agency to 
execute the original precept, provided however that prior to such execution, notice shall be provided by regular 
mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than 
the owner,
at his or her last known address. The owner shall continue to have the right to request the commis-
sioner to modify the requirements of the precept prior to the execution thereof.
ENFORCEMENT
§28
-
216.8.4 Interference prohibited.
It shall be unlawful for any person to interfere, obstruct or hinder the 
commissioner or the commissioner of citywide administrative services, housing preservation and development, 
or other authorized agency, or any person who, acting under the authority c
onferred on such person by such 
commissioner, is performing the work authorized by a precept issued out of any court or modified in accordance 
with section 28
-
216.8.3, or the work ordered by the commissioner in accordan
ce with such precept under the 
provisions of section 28
-
216.8.3.3.
§28
-
216.8.5 Enforcement. 
The police commissioner shall enforce such orders or requirements when requested 
by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administra-
tive services, the commissioner housing preservation and developme
nt, or the commissioner of other authorized 
agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions 
of section 28
-
216.8.3.3.
§28
-
216.9 Return of precept and reimbursement of city.
Upon compliance with any precept issued to the com-
missioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the 
action there under and the costs and expenses thereby incurred, to the justice of the court
from which such precept 
issued. Such justice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the 
disbursements of the proceeding, including but not limited 
to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall 
be inserted in the judgment in such proceeding. Such justice shall then render judg
ment for such amount and for the 
sale of the premises named in such notice, together with all the right, title and interest that the person named in such 
notice had in the lot, ground or land upon which such structure was placed, at the time of the filing 
of a notice of 
pendency in such proceedings, or at the time of the entry of judgment therein, to satisfy such judgment in foreclosure 
of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other 
lawful 
manner, including pursuant to sections 28
-
112.9, 28
-
216.10 and 28
-
216.11.
§28
-
216.10 Judgment lien.
Any judgment rendered in an action or proceeding instituted under this article shall be 
and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a 
notice of pendency in the office of the clerk of the
county wherein the property affected by such action or proceeding, 
is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing 
except tax and assessment liens.
§28
-
216.11 Tax lien.
Any costs and expenses incurred by any agency of the city pursuant to this article, including 
but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested 
parties, surveys thereof, and costs of executin
g the precept, shall be a debt recoverable from the owner of the premises 
and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. Every 
such lien shall have priority over all other lien
s and encumbrances on the premises except for the lien of taxes and 
assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of subchapter 5 o
f the New York city housing maintenance 
code with respect to the enforcement of such debt and lien.
ARTICLE 217
BUILDINGS AND STRUCTURES THAT ARE POTENTIALLY COMPROMISED
§28
-
217.1 Buildings and structures that are potentially structurally compromised. 
For purposes of this article, 
“potentially compromised” shall include a building or structure that:
1.
Has had an open roof for 60 days or longer;
2.
Has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued 
by the commissioner, or due to concern for structural integrity as determined by a registered design professional
;
3.
Has been subject to a precept as a compromised structure under section 28
-
216.1.1; or 
4.
May have suffered structural damage by fire 
or any other cause as determined by the commissioner.
§28
-
217.1.1 Structural inspections of potentially compromised buildings or structures. 
When a building 
or structure has become potentially compromised, the owner is required to have a structural inspection performed. 
Such inspection shall be performed within 60 days of the opening of the roof, or within 60 days of the 
onset of 
any of the conditions listed in section 28
-
217.1
. A report of such inspection shall be filed with the department 
ENFORCEMENT
within 30 days thereafter in such form and detail and with provision for periodic monitoring of the building or 
structure as the commissioner may require.
§28
-
217.1.2 
Structural inspections shall only be performed by a registered design professional in good standing 
with the New York state department of education.
§28
-
217.1.3 
If a violation of any applicable statute, law, rule or regulation or any unsafe condition that poses a 
threat to the structural integrity of the building or to the public is found during the course of such inspection, the 
registered design professional per
forming the inspection shall immediately notify the department and the owner 
of such violation or unsafe condition by calling 311 and in writing.
§28
-
217.1.4 
An inspection of the buildings and structures subject to the inspection and filing requirements of 
section 28
-
217.1 shall be performed every year until such time as the registered design professional documents 
and certifies that the building or structure i
s no longer potentially compromised and such certification is accepted 
by the commissioner. 
§28
-
217.1.5 
The owner shall hire a registered design professional to perform a structural inspection of buildings 
and structures subject to section 28
-
217.1 prior to the issuance of a permit to alter, repair, demolish or enlarge 
such building or structure, except that
the commissioner may waive such inspection if a structural inspection of 
the entire building or structure has been performed within the prior year.
§28
-
217.1.6 
Any owner of a building or structure shall notify the department in writing that such building or 
structure has become potentially compromised immediately after such owner knows or should have known of the 
condition. Such notice shall contain the name and 
business address of the owner of record of such building or 
structure and shall identify the building or structure by street address and tax block and lot. The notices required 
by this subdivision shall be in such form and manner as established
by the commissioner by rule.
§28
-
217.1.7 
If an owner subject to the inspection and filing requirements of this section fails to file such report, 
the owner shall be liable for a civil penalty in an amount not less than $2,500. In such a case, the department may 
cause a structural inspection to be
conducted and a report filed.
ARTICLE 218
SAFETY COMPLIANCE OFFICER
§28
-
218.1 Definition. 
For purposes of this article, the terms “Safety Compliance Officer” and “SCO” shall mean a 
person whose presence is required by the commissioner pursuant to section 28
-
218.2 and who satisfies the qualifi-
cations of section 28
-
218.4.
§28
-
218.2 Safety compliance officer. 
In addition to any other remedies or penalties authorized by law, the com-
missioner in his or her discretion may require the presence of a SCO at any permitted site that has received immedi-
ately hazardous violations that the commissioner determines adversel
y affect public safety and require the presence 
of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in 
writing the circumstances necessitating the SCO, and the du
ration of the compliance monitoring and/or conditions 
that must be satisfied prior to the termination of the compliance monitoring.
§28
-
218.3 Appointment of a safety compliance officer.
The owner or contractor shall employ, at the owner’s or 
contractor’s expense, an SCO approved by the department. 
§28
-
218.4 Qualifications. 
Safety compliance officers shall have experience in supervising the type of construction 
operations being monitored. They shall be an architect or engineer who has experience supervising construction 
projects in New York city, a licensed site safety manage
r or coordinator or other licensee of the department, or a 
special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as re-
quired by the department.
§28
-
218.5 Compliance monitoring. 
The SCO shall monitor the operations related to the circumstances and condi-
tions that the commissioner has identified pursuant to section 28
-
218.2 until the areas of concern set forth by the 
commissioner have been addressed as determined by the commissione
r, but in no case shall any monitoring period 
exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives 
of the commissioner with authority pursuant to section 28
-
10
3.13 of this code to enter upon and examine and inspect 
ENFORCEMENT
at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner’s 
determination, pursuant to section 28
-
218.2, to require a SCO have not been satisfied within the prescribed monitor-
ing period, the commi
ssioner may order the general contractor to appoint another SCO subject to the approval of the 
department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to 
exceed 90 days.
§
28
-
218.5.1 Hazardous conditions.
In addition to any other requirements specified by the commissioner, the 
SCO shall immediately report to the commissioner all conditions that are hazardous to life, safety or health.
§28
-
218.6 Cost of a safety compliance officer. 
The owner of the site where the services of the SCO have been 
required shall reimburse the department for all direct costs and any related administrative expenses incurred by the 
department in the operation of the SCO program provided for in this article. Reimbursement shall be made at such 
times as the department shall require, but in any event, before a temporary or permanent certificate of occupancy is 
issued for the building or structure that is being monit
ored. No permit shall be issued for the job site at which a SCO 
has been assigned if reimbursements for the cost of the monitor are outstanding for more than 30 days. The depart-
ment shall adopt rules establishing a process for the resolution of disputes co
ncerning the costs of the SCO.
§28
-
218.7 The SCO shall document with photographs or other means any violation of the code.
The SCO 
shall submit reports to the department in the frequency, manner and form prescribed by the commissioner. The 
department will share the results of these reports with the general contractor and provide the general contractor an 
opportunity to comment
.   
§28
-
218.8 Records. 
The SCO shall keep and maintain records relating to the services performed on behalf of the 
department in such manner and for such period of time as shall be established by the commissioner.
ARTICLE 219
FAILURE TO CERTIFY CORRECTION OF CERTAIN IMMEDIATELY HAZARDOUS VIOLATIONS
*
§28
-
219.1 Department penalty for failure to certify correction. 
In addition to any penalties otherwise author-
ized by law pursuant to article 202 and the rules of the department, whenever any person fails to submit a certification 
of correction of an immediately hazardous violation issued with respect to an immediately hazardous condition at a 
construction site 
that poses a threat of imminent danger to public safety or property, as required by an order issued 
pursuant to section 28
-
204.2, a penalty shall be
paid to the department by the owner of the property in the amount of 
no more than $5,000. No permit or certificate of occupancy shall be issued and no stop work order may be rescinded 
at the property named in the order until such penalty is paid to the de
partment.
Failure to pay such penalty shall not 
prevent the issuance of a permit for work to be performed pursuant to articles 215 or 216. 
In addition, even if the 
immediately hazardous violation is subsequently corrected, no certificate of correction shal
l be accepted for the vio-
lation giving rise to this civil penalty until such penalty has been paid to the department.
Exception: 
Department penalties for failure to certify correction shall not apply to one
- 
to four
-
family homes.
*Section §28
-
219.1
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.2 Re
-
inspection. 
Where an immediately hazardous condition at a construction site has been identified as 
posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner 
shall re
-
inspect the condition that gave rise to the vi
olation within 60 days of the date of the notice of a violation, 
unless:
1.
An acceptable certification of the correction of the condition has been filed in the manner and form prescribed 
by the department; 
2.
The person to whom the violation has been directed has obtained an extension of time for filing the certificate 
of correction of the violation from the commissioner in accordance with section 28
-
204.4 and with any applica-
ble rules of the department, and
said extension of time to file has not yet expired;
3.
The condition has been corrected in the presence of the commissioner. 
Exception:
One
- 
to four
-
family homes shall not be subject to the re
-
inspection requirement of this section for the 
same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit 
ENFORCEMENT
the power of the commissioner to inspect such home for any other non
-
compliant condition or to issue a violation 
for such other non
-
compliant condition.
*Section §28
-
219.2
was amended by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
§28
-
219.2.1 Continued noncompliance.
If, upon re
-
inspection, the 
commissioner determines the condition con-
tinues to pose a threat of imminent danger to public safety or property, and the person against whom the initial 
violation was directed is not in compliance with section 28
-
204.4, the commissioner shall issue an app
ropriate 
violation and shall issue a stop
-
work order, pursuant to section 28
-
207.2, where appropriate, or the commissioner 
shall, if the commissioner is unable to obtain access to the premises, request the corporation counsel to institute 
legal proceedings
to compel correction of the violation and abate the condition or take such other action as is 
appropriate.
§28
-
219.2.2 Inspections by the commissioner. 
The commissioner shall continue to re
-
inspect any condition that 
has given rise to an immediately hazardous violation that poses a threat of imminent danger to public safety or 
property every 60 days, and shall follow the procedures described in items 1, 2
and 3 of section 28
-
219.2 until the 
condition has been found by inspection or certification to be corrected or abated.
§28
-
219.3 False certifications of correction. 
It shall be unlawful to prepare, file or offer for filing a certification of 
correction of an immediately hazardous condition, knowing that such certification contains a false statement or false 
information. Any person who prepares such a certificate shall
be subject to prosecution under section 175.05 or 
175.10 of the New York state penal law. Any person who files such a certificate or offers such a certificate for filing 
shall be subject to prosecution under section 175.30 or 175.35 of the New York state penal law. Nothing in this 
section shall be construed to limit, alter or affect the authority conferred by any other provision of this chapter or 
other law to bring criminal, civil or administrative actions or 
proceedings or other remedies for the preparation, filing 
or offering for filing of a certification of correction of an immediately hazardous condition containing a false state-
ment or false information.
§28
-
219.4 Notice to the department of housing preservation and development for certain elevator
-
related vio-
lations. 
If, upon re
-
inspection of an immediately hazardous violation relating to an elevator that services one or more 
dwelling units in a multiple dwelling, the department determines that such owner has failed to correct the condition 
constituting such violation,
then the commissioner shall refer such violation, within one week of such re
-
inspection, 
to the commissioner of housing preservation and development for a determination as to whether such violation is 
dangerous to human life and safety or detrimental to health pursuant to section 27
-
2125 of the New York city housing 
maintenance code. If the department knows or has reason to believe that any such unit is not served by another operable 
elevator, the department shall include such information and any other relevant information in such referral. The de-
partment may continue enforcement action against the owner of the multiple dwelling after referral
of such violation 
to the commissioner of housing preservation and development. Where the owner begins to take corrective action, the 
department shall notify the commissioner of housing preservation and development of such efforts. The department 
shall notify an owner of the referral of any such violation to the commissioner of housing preservation and develop-
ment for action under this section.
Exceptions: 
1.
Elevators located in owner
-
occupied multiple dwellings that service only the owner
-
occupied dwelling unit 
provided that such unit is not occupied by boarders, roomers, or lodgers.
2.
Elevators located within convents and rectories that are not open to non
-
occupants on a regular basis.
*
§28
-
219.5 Definition.
For the purposes of this article, the term “construction site” shall mean a building or site with 
a permit issued by the department to perform construction work.
*Section §28
-
219.5
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.
*
§28
-
219.6 Other remedies not precluded. 
Nothing in this article shall be construed to limit the power of the com-
missioner to take any other action authorized by this code with respect to any unlawful use or condition.
*Section §28
-
219.6
was added by 
Local Law 50 of 2022
.
This law has an effective date of May 14, 2022.