If you have received an ECB violation notice, you need to be able to understand what it means and how to respond.
What is the ECB?
The Environmental Control Board (ECB) is an administrative tribunal that
schedules and conducts hearings for violations related to quality of life laws
The ECB itself does not issue violations. Rather, New York agencies such as the
Department of Buildings (DOB), Department of Sanitation, Department of
Environmental Protection (DEP), and FDNY issue violations and the ECB conducts
hearings for those violations.
What is an ECB Violation Hearing?
ECB violations are heard on the specified date (listed on the violation copy) at
the corresponding borough’s ECB office location.
An ECB Hearing provides the opportunity for a Named Respondent to contest
a violation. For some ECB violations, you may “cure” the violating conditions in
advance of the hearing date to avoid a hearing and fine. If this is an option, the time
frame to cure will be noted on the actual violation copy. If you are not able to cure
the violation in the specified time frame, the named respondent or a representative
must appear at the ECB, and after completion of the hearing, a judgment will be
mailed to the named respondent along with any necessary fine owed to the ECB.
If you don’t attend a necessary hearing, the violation will go into default and fine
amounts will increase, although you may request a new hearing online within 45
days of a default judgment.
The named respondent noted on an ECB violation is the party legally responsible
for appearing at ECB court and paying any fines determined at this hearing.
A named respondent could be an ownership or management entity; a tenant in the
building; a contracted 3rd party company; or an individual. In the case of DOB-ECB
Class 1 (immediately hazardous) violations, though it is still the named respondent’s
responsibility to correct the violation, if said named respondent does not submit
acceptable correction to the DOB within the time frame allotted, an additional
administrative DOB violation (AEUHAZ1) with a fine of $1500 can also be issued
against the building.