The Environmental Control Board (ECB)

The Environmental Control Board (ECB) is an administrative tribunal that provides hearings on notices of violation issued by other City agencies for various “quality of life” infractions of the City’s laws and rules. As a judicial entity, ECB does not issue notices of violation, does not establish enforcement policies, does not employ inspectors or agents, and does not direct, control or otherwise influence where, when or to whom notices are to be issued.

The ECB Notice of Violation (NOV) is the most common type of violation issued by the Department of Buildings when a property does not comply with a part of the New York City Building Code and/or Zoning Resolution. It also contains an order to correct the violating condition and to certify correction at the Department of Buildings. This guide will highlight the basic elements of a NOV and the process to correct the violation.

There are three different types of Department of Buildings ECB Violations:
• Universal
• Boiler
• Elevator

Each of these ECB Violations can be Non-Hazardous or Hazardous.

• Non-Hazardous
• For first time offenders, if the violation is deemed “Non-Hazardous” the owner is generally given 35 days from the date the violation is issued to certify correction and avoid having to attend a hearing and/or pay a penalty. Curing the violation is an admission of guilt. Stipulations may also be offered for first time offenders.

• Hazardous
• Hazardous (and multiple offense) violations generally require the owner to attend an ECB hearing. There are a wide range of hazardous violations including, but not limited to: variations from approved plans that significantly diminish structural stability, fire rating, fire suppression, illegal alterations and occupancies, or means of egress and general construction safety and unsafe site conditions that cannot be immediately corrected.

Although the NOV’s may look different, each type has the same basic elements: a notice that a property is not in compliance with applicable provisions of law (Property/Respondent Information)? an order to correct the violating condition (Commissioner’s Order to Correct Violations)? and an order to certify correction with the Department of Buildings (Violation Cure and Hearing Information). Below is an image of a typical ECB Violation.

According to the Mayors Management Report (MMR), as of 2007, DOB issued 50,685 ECB violations.