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Department of Buildings Violation

Discussion in 'Liens & Encumbrances' started by Jaymes, Nov 14, 2018.

  1. Jaymes

    Jaymes Law Topic Starter New Member

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    I am in the process of filing for a permit to have some work done on my recently purchased home. The contractor who filed the permit with the DOB, says I have open violations and he cannot process HIS permit without clearing up past due permits.

    The violation was from 2 owners ago. Illegally occupied basement with gas stove, and shower and partition walls to create bedrooms.

    The penalty imposed of $800 and was paid. Balance due is zero according to public records.

    However the violation was never CLOSED. The previous owner simply paid the fines. According to my contractor I would need to file permits to demolish the shower and kitchen. And pay a fee of $6000 to clear up the violation. The $6000 is paid to the DOB to clear up the violation.

    I need a certificate of Correction. See language below from DOB’s website:

    "A Certificate of Correction must be submitted to the Administrative Enforcement Unit (AEU) for all violations. A violation that is not dismissed by ECB will continue to remain ACTIVE or "open" on DOB records until acceptable proof is submitted to the AEU, even if you have paid the penalty imposed by ECB.”

    Is this something my lawyer was supposed to disclose to me? Does her liability insurance cover this? Had I known I owe $6000 I would have negotiated that with the seller.

    I am very nervous/confused and not sure what to do next. I feel if I call my lawyer she will immediately go into Cover Your Ass mode.

    Please help.
     
    Last edited: Nov 14, 2018
  2. adjusterjack

    adjusterjack Super Moderator

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    Then I suggest you first consult a lawyer who specializes in suing other lawyers for malpractice.

    You appear to be in NY. The only thing I know about NY real estate sales is that everybody gets a lawyer.

    I don't know what the duties of a NY real estate lawyer are. You'll have to find that out and see if your lawyer breached any.

    You might check the NYS Bar Association to see if it has any guides on the issue.
     
    Jaymes likes this.
  3. Jaymes

    Jaymes Law Topic Starter New Member

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    So upon further research, the open but paid-off violations were listed deep within my title report. I have no one to blame but myself on this one.

    I called some NYC Violation removal law firms and they also wanted about $6k to remedy the issue.

    I flipped through NYC’s archaic rules, and found out that I am not responsible for prior owners civil penalties because I am a bona fide buyer who is not related to the prior owner(s).

    I do need to file some paperwork with the city and remedy the issues at my own expense (less than $1000) and the violations will go away.

    The contractor used scare tactics to intimidate me into handing him $6000.


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