Don't Pay That Fine!

It happens every day. Someone sees something unusual at a construction site and calls the city’s 311 line to file a complaint. The city responds by sending an inspector to the site, and a violation is issued. It doesn’t have to be this way.

“There are services now that will track public records on violations and complaints, and then give you an alert if a complaint is made,” says Nadav Weg, president of Bosse Management, who recently sprang into action when he learned about a groundless complaint over construction work at a building he manages.

“We received an e-mail alert giving us notice of that complaint,” Weg says. “Before an inspector even arrived, we dispatched the contractor involved to the Department of Buildings (DOB) to explain what was going on. We headed the violation off at the pass. We completely defused the situation. Whereas other people in similar situations would shake their fists in frustration, for us it became a non-issue because we actively monitor the records on violations and complaints.”

At least three companies compile data from city agencies and offices: DOB Alerts; Jack Jaffa & Associates, with its Alert Service Plus; and SiteCompli. Delivered to managing agents via e-mail alerts and text messages, this data includes, among other things, 311 complaints about your building. Since the DOB responds to emergency complaints in just under 17 hours on average, according to the city's most recent figures, this gives managers a window of opportunity to address a complaint before an inspector arrives and issues a violation.

If you’re unable to short-circuit the complaint and a violation is issued, you’re entitled to a hearing before the Environmental Control Board. Some co-op and condo boards send their attorneys to these hearings, while others save money by hiring an expediting firm. Some boards hire a law firm that specializes in what’s called “city law” – the administrative courts that handle quality-of-life issues. These firms charge as little as $30 to represent a building fighting a violation from the Department of Sanitation. Fees go up from there.

If you're found in violation, you must pay the fine and, if ordered, correct the problems stated on the ticket. Or, within 30 days, you can file an appeal with the ECB.

Boards and managing agents need to be methodical when dealing with complaints that can turn into violations – and they need to realize that the system is driven by an ulterior motive.

“It’s not a fair system,” says attorney Robert Hochman, a partner at Cohen, Hochman & Allen, which specializes in city law. “It’s there to raise money.”