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Tuesday, July 16 2024

Failure to comply NYC building codes.

codes nycFailure to comply NYC buiding codes.

Definition: This is a term used on Notice of Violation to indicate that the violating condition recorded on a previous NOV has not been corrected in time allotted. Amount of time allotted depended on the Class of Violation.

It is best to address NOVs as soon as possible, especially for class 1 violations. The civil penalties for dragging your feet can rise to $25,000 dollars. Basically, only the Certificate of Correction will stop the clock. 

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Most Common Violations

Failing to Provide Adequate Heat and Hot Water

Failing to maintain the inside temperature at 68 degrees when the outside temperature is below 55 degrees during the day, or maintain at 55 degrees when the outside temperature is below 40 degrees at night is one of the most common violations. Additionally, hot water with a minimum temperature of 120 degrees must be provided at all times.

Absent Carbon Monoxide and Smoke Detectors

Owners are required to provide at least one carbon monoxide and one smoke detector in each long-term tenant’s dwelling or commercial space, though tenants are responsible for maintaining them properly. Detectors should be the type that beeps when the battery runs low.

Door and Window Locks That Require a Key to Exit

In an emergency situation, pausing to search for a key in order to get out of a building could be deadly.

Mold and Pests

Tenants are responsible for maintaining a level of cleanliness to prevent overgrowth of indoor mold or attracting pests, but conditions that go unchecked, resulting in excessive mold or vermin, are the owner’s responsibility.

Lack of Accessibility

Title III of the Americans Disabilities Act (ADA) is the most relevant of the ADA’s five titles for architects, builders, and others designing, constructing, and managing buildings and its constantly changing.


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