DOB violations and OATH hearings in NYC: cure, stipulate, pay or fight
The violation DOB issues most often is the OATH summons: a hearing date, a penalty set by 1 RCNY §102-01, and a record that stays open until a Certificate of Correction is approved. The ways to respond, what each one costs, and how to certify the correction in DOB NOW: Safety.
Last checked: Oct 23, 2026
Key facts
- Three classes Class 1 immediately hazardous, Class 2 major, Class 3 lesser — printed on the summons
- Cure every Class 3 and some Class 2: an approved Certificate of Correction by the cure date means no hearing and no penalty
- Stipulation admit the violation, get 75 days to correct it, pay a reduced penalty — usually half
- Default no response by the hearing date: in violation, at a higher penalty of up to $25,000
- Closed only by a dismissal at OATH or an approved Certificate of Correction in DOB NOW: Safety
What should you do when DOB issues an OATH summons on your job?
Correct the condition, then respond before the hearing date printed on the summons. If the summons shows a cure date, an approved Certificate of Correction filed by that date means no hearing and no penalty. If a stipulation is offered, admitting the violation buys 75 days to correct it for a reduced penalty, usually half. You can also admit and pay the standard penalty before the hearing, or fight the summons at the OATH Hearings Division, mostly by phone. Not responding brings a default penalty, often five times the standard amount and up to $25,000. Paying does not close the violation: it stays open on the property’s public record until it is dismissed at OATH or a Certificate of Correction is approved in DOB NOW: Safety.
Key considerations
Three classes
Class 1 (immediately hazardous) is a condition that severely affects life, health, safety or property and warrants immediate correction. Class 2 (major) affects them but does not need immediate action. Class 3 (lesser) has a smaller effect. The class is printed on the summons, and the Buildings Penalty Schedule in 1 RCNY §102-01 sets, for each violation and class, the standard, mitigated and default penalties and whether a cure or a stipulation is allowed. OATH — the City’s independent administrative law court — holds the hearings; it is not part of DOB and does not issue summonses.
Class 1: correct it now
A Class 1 summons must be corrected immediately, and a Certificate of Correction filed to prove it. When one issued at a construction site larger than four families is not certified as corrected in time, DOB adds a $5,000 civil penalty and re-inspects every 60 days, and further summonses may follow. DOB gives notice of that penalty with an AEUHAZ violation, which the owner or respondent may challenge in DOB NOW within 30 days.
Cure: no hearing, no penalty
Every Class 3 violation and some Class 2 violations can be cured; the summons then shows a cure date. Correct the condition and file an acceptable Certificate of Correction on or before that date, selecting the Cure Request option in DOB NOW: Safety — without it, DOB issues a standard approval and the hearing still has to be attended. A cure is an admission of the violation, and a violation charged as aggravated is never eligible.
Stipulation: 75 days and a reduced penalty
For certain violations, a stipulation offer is mailed before the hearing: the respondent admits the violation in exchange for 75 days to correct it, skips the hearing and pays a reduced penalty, usually half the standard one. The offer can be accepted any time before the hearing begins. To comply, file an acceptable Certificate of Correction by the stipulation compliance due date, selecting the stipulation option in DOB NOW: Safety. A stipulation can also be entered at the first hearing, with the standard penalty and the same 75 days.
Pay, or fight the summons
Admitting and paying the standard penalty before the hearing date avoids the hearing. To contest it, request a hearing: most are held by phone, requested at least three business days and no more than a month before the hearing date; some cases can be argued with OATH’s online form, and a hearing can be rescheduled once. If the summons is dismissed there is no penalty, though DOB may re-inspect, reissue the violation or appeal. If you are found in violation, the standard penalty applies and the decision can be appealed in writing. For certain violations, admitting at the hearing and showing the condition is corrected earns a mitigated penalty of half.
Default: the most expensive answer
A summons with no response by the hearing date is decided in violation by default, at a higher penalty — five times the standard amount in DOB’s description of the hearing outcomes, and up to $25,000 depending on the violation. Under 1 RCNY §102-01(j), an imposed default penalty is reduced by half, or to the standard penalty if that is higher, once an acceptable Certificate of Correction has been filed and accepted (some daily penalties excepted).
Work without a permit
The schedule shows how the class moves the money. Work without a permit (AC §28-105.1) is $2,500 standard and $12,500 on default as Class 1, with no cure or stipulation; $1,250 and $6,250 as Class 2, which can be cured or stipulated. A summons for work without a permit also carries a DOB civil penalty, paid in person at the borough office that issued it. It must be paid, or waived, before DOB approves the Certificate of Correction, and the proof goes with the request.
The Certificate of Correction
It is filed only online, in DOB NOW: Safety, under Violations & Notices of Deficiency: add the summons number to a Certificate of Correction Review Request. The AEU2 form and the notary are gone; attestations on the Statements & Signatures tab replace them. The owner, the respondent, the contractor or a licensed professional may submit it, and when someone other than the owner or respondent does, the owner or respondent logs in and attests that they authorized it. Photos must carry the location and date they were taken. If the request is disapproved, you resubmit it or dispute the decision; once approved, the summons is resolved and BIS is updated.
DOB violations are a separate record
Besides OATH summonses, DOB issues its own violations — for façades, boilers, elevators and other programs. These are removed by correcting the condition, giving proof to the unit that issued them and paying any DOB civil penalty. In BIS, an open DOB violation shows no asterisk next to its number; a dismissed one does.
Checklist: when a summons arrives
- Read the class, the hearing date and any cure date on the summons, and look the violation up in the penalty schedule (1 RCNY §102-01).
- Class 1: correct the condition at once.
- Get any permit the correction needs, and photograph the condition before and after, with the date and location.
- Decide before the hearing date: cure, accept a stipulation, admit and pay, or request a phone hearing at least three business days ahead.
- For work without a permit, pay the DOB civil penalty at the borough office and keep the proof.
- File the Certificate of Correction in DOB NOW: Safety, selecting Cure or Stipulation when it applies; the owner or respondent attests if someone else submits it.
- Follow the request until it is approved and the summons shows as resolved.
Sources
- NYC DOB, What is an OATH summons? (classes, cure, stipulation, default, work without a permit)
- NYC DOB, OATH summonses (steps to resolve, Certificate of Correction roles, Class 1)
- NYC DOB, OATH hearings and penalties
- NYC DOB, Certificate of Correction (DOB NOW: Safety; AEUHAZ)
- NYC DOB, Certificate of Correction: frequently asked questions
- NYC DOB, Certificate of Correction (COC) Review Request: DOB NOW: Safety user guide (June 2026)
- 1 RCNY §102-01: Buildings Penalty Schedule (classes, cure, stipulation, mitigation, default)
- NYC DOB, DOB violations
- NYC OATH, Hearings and defaults (respond to a summons, hearing by phone, online hearing)
Checked against the official text on October 23, 2026.
Related guides
- Stop Work Orders in NYC: full or partial, and how to get one liftedA full order stops all work except what makes the site safe; a partial one stops part of it. Working against an order costs $6,000, then $12,000 each time. The steps DOB lists to lift it, and the conditions that most often cause one.
- SST cards (Local Law 196) for facade crews: who needs which card, and the Redcode deadlineWorkers need a 40-hour card and supervisors a 62-hour one on sites with a site safety professional, checked in the Training Connect app. Up to $5,000 per untrained worker. Redcode-issued training must be replaced by December 7, 2026.
- Ordinary repair or work permit: the distinction that drives the scheduleBrick repointing, sealant, crack injection and cleaning require no work permit. Parapet rebuilds, lintels, shelf angles, cornices, steel and pinning do, and so does stone or terra-cotta patching on buildings over six stories. Where the line is drawn.