Property violations in New York City are one of the most common — and most misunderstood — obstacles to selling a home. Violations issued by HPD, the DOB, or the ECB attach to the property itself, not the owner, which means open violations and unpaid fines have to be resolved (or specifically addressed in the contract) before a clean sale can close.
This guide explains what each agency is, the most common violations they issue, how violations affect a sale, the practical paths to resolve them, and what happens if a building gets enrolled in HPD's Alternative Enforcement Program (AEP).
HPD Violations
The Department of Housing Preservation and Development enforces NYC's housing maintenance code in residential buildings. HPD violations are organized into Class A (non-hazardous, like a missing window guard sticker), Class B (hazardous, like peeling lead paint), and Class C (immediately hazardous, like no heat or hot water).
Class C violations carry the steepest fines and the tightest correction deadlines. HPD violations show up in any title search, and Class B and C violations typically must be cleared before a sale closes — or the buyer's lender will refuse to fund.
DOB Violations
The Department of Buildings enforces the NYC construction code and zoning. DOB violations cover unpermitted construction, illegal conversions (such as a basement turned into a bedroom), failure to file required inspections (boiler, façade, elevator), and unsafe conditions.
DOB violations often require contractor work plus re-inspection to clear, which means real time and real money. Unpermitted work is especially common and especially expensive — sometimes requiring the work to be legalized through filings, or removed entirely.
ECB / OATH Fines
The Environmental Control Board (now part of OATH, the Office of Administrative Trials and Hearings) is where contested violations are adjudicated and fines are assessed. ECB judgments become liens against the property when unpaid and accrue interest.
ECB fines from any city agency — sanitation, fire, buildings, health — can pile up quickly if ignored. Each summons has a specific hearing date; missing it usually means a default judgment for the full amount.
How Violations Affect Selling
Open violations show up in the title search every buyer's attorney runs. Most lenders will not fund a mortgage on a property with open Class B or Class C HPD violations, unsafe DOB violations, or significant unpaid ECB judgments. That can kill a deal late in the process.
Some buyers — particularly cash buyers and investors — are willing to take a property as-is with open violations and price the cost of resolution into their offer. This is often the cleanest path for sellers facing a long list of violations.
How to Resolve Violations
Start by pulling the current violation list from HPDONLINE and the DOB BIS / DOB NOW websites — both are free. For each violation, identify whether the fix is paperwork (file a Certification of Correction) or physical work (repair, then re-inspection).
HPD violations are often cleared by certifying correction online once the work is done. DOB violations typically require a licensed contractor and re-inspection. ECB judgments can be paid, contested at OATH, or in some cases resolved through a stipulation.
The Alternative Enforcement Program (AEP)
HPD's Alternative Enforcement Program targets the most distressed multi-family buildings in the city — those with the highest concentration of Class B and C violations relative to unit count. Once enrolled, the building owner faces additional fees, tighter deadlines, and aggressive HPD-led repair work that gets billed back to the owner.
Properties in AEP can be very difficult to sell on the open market. Resolution usually means either an aggressive correction effort to discharge the building from AEP, or selling to a buyer experienced with distressed properties who can take it on. Either path benefits from professional guidance early.