When purchasing a New York City property, it is imperative to conduct due diligence. An essential step of the process is to determine whether there are any open permits or violations.
When purchasing a New York City property, it is imperative to conduct due diligence. An essential step of the process is to determine whether there are any open permits or violations. That’s because any existing conditions that warrant a violation, or any existing violations issued on the property, will transfer to you along with the property, assuming the transaction is allowed to proceed at all.
Unless the parties to a transaction agree otherwise in their contract, any violations must be remedied, the property must be brought up to code, and all penalties must be paid prior to finalizing the transaction. Additionally, the New York City Department of Buildings won’t issue a new or amended Certificate of Occupancy until all violations have been addressed. Failure to address serious violations may result in difficulty getting financing for building renovations, fines being imposed on the property owner, or other consequences.
Searching for Violations Involving a NYC Property
Because New York City properties can be subject to numerous types of violations, the Buildings Information System (BIS) is a great place to start. Using BIS, you can search for general information on a property in the city including recorded complaints, violations, actions, applications, and inspections. Users can search by block and lot or street address using the system.
The BIS system includes DOB and Environmental Control Board (ECB) complaints/violations. The Environmental Control Board (ECB) is a division of the NYC Office of Administrative Trials and Hearings (OATH) that conducts hearings on tickets issued by various City agencies, including the DOB, Department of Sanitation, and New York City Department of Environmental Protection (DEP). DOB violation records generally include information such as the issue date, violation type, and the disposition (whether it has been resolved). OATH/ECB violation summaries may provide additional information, including penalties imposed and balance due.
Violations issued by the other city agencies, such as the Fire Department (FDNY), DOT (Department of Transportation), or a city housing agency, may be more difficult to review, as records are not located in a central database. For instance, FDNY violations can be viewed online via FDNY Business, which requires a user account.
Searching for Open Permits Involving a NYC Property
The DOB’s BIS system also allows users to search permit application filings. The records include whether the application is for a new building, demolition, or alterations type 1, 2, and 3. Each job type can have multiple work types, such as general construction, boiler, elevator, and plumbing, and each receives a separate permit. The BIS system also includes real-time data regarding the status of the application. Other property information available through the BIS system include zoning documents, certificates of occupancy, and elevator records.
Key Takeaway
Before buying a NYC property, it is important to do your homework. Thanks to technology, it is often possible to learn a lot about a property by simply conducting an online search. Should you discover open violations or permits, an experienced NYC real estate attorney can help you come up with a solution that best protects your legal rights.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
How to Inspect for Open Permits and Violations on a NYC Property
Author: Bruce Feffer
When purchasing a New York City property, it is imperative to conduct due diligence. An essential step of the process is to determine whether there are any open permits or violations.
When purchasing a New York City property, it is imperative to conduct due diligence. An essential step of the process is to determine whether there are any open permits or violations. That’s because any existing conditions that warrant a violation, or any existing violations issued on the property, will transfer to you along with the property, assuming the transaction is allowed to proceed at all.
Unless the parties to a transaction agree otherwise in their contract, any violations must be remedied, the property must be brought up to code, and all penalties must be paid prior to finalizing the transaction. Additionally, the New York City Department of Buildings won’t issue a new or amended Certificate of Occupancy until all violations have been addressed. Failure to address serious violations may result in difficulty getting financing for building renovations, fines being imposed on the property owner, or other consequences.
Searching for Violations Involving a NYC Property
Because New York City properties can be subject to numerous types of violations, the Buildings Information System (BIS) is a great place to start. Using BIS, you can search for general information on a property in the city including recorded complaints, violations, actions, applications, and inspections. Users can search by block and lot or street address using the system.
The BIS system includes DOB and Environmental Control Board (ECB) complaints/violations. The Environmental Control Board (ECB) is a division of the NYC Office of Administrative Trials and Hearings (OATH) that conducts hearings on tickets issued by various City agencies, including the DOB, Department of Sanitation, and New York City Department of Environmental Protection (DEP). DOB violation records generally include information such as the issue date, violation type, and the disposition (whether it has been resolved). OATH/ECB violation summaries may provide additional information, including penalties imposed and balance due.
Violations issued by the other city agencies, such as the Fire Department (FDNY), DOT (Department of Transportation), or a city housing agency, may be more difficult to review, as records are not located in a central database. For instance, FDNY violations can be viewed online via FDNY Business, which requires a user account.
Searching for Open Permits Involving a NYC Property
The DOB’s BIS system also allows users to search permit application filings. The records include whether the application is for a new building, demolition, or alterations type 1, 2, and 3. Each job type can have multiple work types, such as general construction, boiler, elevator, and plumbing, and each receives a separate permit. The BIS system also includes real-time data regarding the status of the application. Other property information available through the BIS system include zoning documents, certificates of occupancy, and elevator records.
Key Takeaway
Before buying a NYC property, it is important to do your homework. Thanks to technology, it is often possible to learn a lot about a property by simply conducting an online search. Should you discover open violations or permits, an experienced NYC real estate attorney can help you come up with a solution that best protects your legal rights.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
