DOB Complaints and Violations

What is a named respondent?

The named respondent is the responsible party for any Environmental Control Board violation – they are the individual or organization tasked with attending the hearing, paying any subsequent fines, and making sure corrections are done promptly (if required).

One of the most frequently asked questions for DOB-ECB violations revolves around responsibility for correction and the named respondent. Because these violations are issued by the Department of Buildings, the infraction is tied to the building itself, regardless of named respondent.

For example, if a DOB-ECB violation is issued to a first-floor tenant, it’s their responsibility to make and certify corrections and attend a hearing, if necessary. If the tenant fails to cure or correct and attend the hearing/pay fines, the violation will remain open, appear in title reports and on the property’s records, and may be subject to increased enforcement and interest. Ultimately, if you’re responsible for the entirety of the building, it’s in your best interest to monitor tenant violations and track their progress. In a worst-case scenario, you may need to file correction on behalf of the named respondent to prevent escalated penalties.

Per the DOB, the Certificate of Correction can be completed and submitted by the:

• Respondent named in the violation
• Officer, Director or Managing Agent of named respondent corporation
• Owner, but not named respondent (if you are a new owner, attach a copy of deed)
• Managing agent of place of occurrence (attach a notarized letter of designation from owner)
• Partner of named respondent partnership
• Contractor or other agent (with authorization)

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