DOB OATH Summonses: Address the Hearing and Correct the Condition

Reviewed September 7, 2026.

A DOB-issued OATH summons, historically called an ECB violation, requires attention to both the alleged violation and the physical condition. Do not confuse DOB’s requirements with those of another issuing agency, such as DEP.

Review the violation class, cited law, respondent, hearing date and any cure or stipulation offer. DOB’s categories include immediately hazardous Class 1, major Class 2 and lesser Class 3 violations. Eligibility for a particular resolution depends on the summons and rules, not simply the class label.

Choose the appropriate response

DOB’s OATH guidance explains eligible cures, admissions, stipulations, hearings and appeals. A valid, timely cure requires correction and an approved Certificate of Correction. Certain stipulations involve an admission and 75 days to correct; they are not available automatically for every violation.

If contesting the summons, prepare relevant plans, permits, photographs, inspection records and witnesses. Track the hearing and appeal procedures. Ignoring the summons risks default and increased penalties.

Complete the separate correction process

Paying an OATH penalty does not itself establish DOB correction, and correcting a condition does not automatically excuse a hearing unless the applicable procedure permits it. Verify the agency’s acceptance of the correction and separately address any stop-work or vacate order. Keep proof of each step in the project file.

Kushnick Pallaci PLLC assists clients throughout New York with DOB/OATH and construction compliance disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Tenant Improvement Liens: Landlord Consent After Ferrara

Reviewed September 7, 2026.

Work ordered by a tenant does not automatically support a lien against the landlord’s ownership interest. But a direct contract with the landlord is not required either. Review the lease and the landlord’s conduct under Lien Law § 3.

In Interior Building Services, Inc. v. Broadway 1384 LLC, 73 AD3d 529 (1st Dept 2010), liens against the building were discharged where the work served the tenant’s benefit, the contractors dealt with the tenant, and the landlord’s involvement did not establish the necessary consent on that record.

The later Court of Appeals clarification matters

In Ferrara v. Peaches Café LLC, 32 NY3d 348 (2018), the Court of Appeals confirmed that consent can be inferred from lease provisions requiring particular improvements and the owner’s affirmative involvement. Mere knowledge or passive acquiescence is insufficient, but direct dealings with the contractor are not indispensable. The court rejected contrary readings of earlier appellate decisions.

Obtain the lease, work letter, approvals, construction requirements and communications. Identify whether the lien can reach the fee interest, a qualifying leasehold interest, or neither. A tenant’s inability to pay does not expand lien rights, and the value of a leasehold lien requires practical assessment. Preserve separate contract claims and applicable filing deadlines.

Kushnick Pallaci PLLC assists clients throughout New York with tenant-improvement lien enforcement and defense. Contact 631-752-7100 or vtp@kushnicklaw.com.

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