Attorneys for Property Owners, Developers, Contractors, Design Professionals, and the Construction Trades in New York City

Hearings at the NYC Environmental Control Board (ECB)/OATH Hearings Division

Property owners, contractors, and construction licensees are all familiar with the New York City Environmental Control Board (ECB). Recently assimilated by the New York City Office of Administrative Trials and Hearings (OATH) and dubbed the OATH Hearings Division, ECB holds hearings at locations in each of the five boroughs. At these hearings, the issues discussed include summonses issued by the Fire Department of New York and New York City Departments of Buildings, Transportation, Sanitation, Environmental Protection, and many others, for alleged violations of the City’s ordinances and rules.

According to the 2017 Mayor’s Management Report, City agencies issued 826,690 summonses in 2016. These violations are adjudicated at informal hearings before an Administrative Law Judge and an attorney from the issuing agency.

It was once not uncommon for respondents to simply pay violations as part of “the cost of doing business,” but in recent years both the number and severity of violations issued has increased due to the City’s “enhanced enforcement initiative.” Fines for violations can range from a few hundred dollars to $10,000, $25,000, or more, and unpaid violations can cloud title to property and be liened by the City. Failure to certify correction of violations can stall a construction project. Perhaps most importantly, findings of “in violation” have been used to justify disciplinary proceedings against contractors and holders of licenses, and can even be used against defendants in civil litigation and criminal cases.

Our firm’s attorneys have defended respondents in thousands of ECB hearings and as Stuart Klein loves to remind his clients, he literally “wrote the law” for many aspects of ECB procedure.

Practice Areas

Land Use and Zoning

We have many years of representing property owners before the regulatory agencies for land use in New York City:
• New York City Department of City Planning: The New York City Zoning…

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Litigation

Our attorneys handle a wide range of civil litigation cases in the Supreme Courts of New York State, in the Counties of Bronx, Kings, New York, Queens, and Richmond, and in the United States District Courts…

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Licensure and Discipline of Design Professionals and Building Trade Licensees

The New York State Education Department issues licenses to Professional Engineers (PEs) and…

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Construction License Agreements and Proceedings under Real Property Actions and Proceedings Law §881

The geography of New York City…

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Property Law

American law governing the use, transfer, and enjoyment of real property was inherited from English common law, and its foundational principles are based in English statutes and court decisions that…

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Opposition Work

It is common in New York City for neighborhood associations, individuals, and ad-hoc groups to oppose construction projects of all sizes, both public and private. Stu Klein, Chris Slowik, and…

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Hearings at the NYC Environmental Control Board (ECB)/OATH Hearings Division

Property owners, contractors, and construction licensees are all familiar…

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New York City Criminal Court for Building and Fire Code Violations (Part SAP2A)

Before Stuart Klein led the effort to draft legislation that led to the establishment…

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New York City DOB Matters

The New York City Department of Buildings regulates the construction, alteration, and demolition of buildings in the five boroughs, by enforcing the New York City Construction Codes, including…

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Commercial Landlord/Tenant

For building owners and commercial tenants alike, the commercial lease is the foundation of their business, and its negotiation and enforcement is a top priority. Our attorneys are experienced in…

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Civil Rights

Many of our clients face some sort of adverse action by a government agency or official, such as the revocation of a professional license or an order to demolish an allegedly dilapidated…

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Lot Mergers, Lot Consolidations, and Transfer of Development Rights (Air Rights)

New Yorkers offhandedly refer to “lots,” but there is a distinction between a tax…

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Mechanic’s Liens

New York State’s Lien Law enables a contractor or materials supplier to place a lien on a property if its owner withholds payment for services or goods. The Lien Law has its own unique procedures for…

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Multiple Dwelling Regulation

New York City Department of Housing Preservation and Development: HPD regulates the City’s stock of rental housing. Certain multiple dwellings, including “single room occupancy”…

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Bankruptcy and Bankruptcy Litigation

According to the United States Courts web site, 13,552 bankruptcy cases were filed in the New York City area as of September 30, 2017.* These cases run the gamut from Chapter 7 liquidation…

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