How to Comply with LL 110 for Posting, Distributing Notices of Violations
Local Law 110 of 2019 went into effect on Dec. 5, 2019. This law requires residential property owners to post or sometimes distribute copies of DOB/OATH (Office of Administrative Trials and Hearings) violations along with an informational flyer for tenants.
The requirements of this law apply only to violations issued by the DOB and heard by OATH. These violations can be referred to as summonses or commissioner’s orders. The requirements differ depending on which area the notice of violation applies.
Common area. If the violation relates to a condition in a common area or affecting all residents, the owner must post:
- A copy of the summons; and
- A copy of the DOB’s Tenant Information Flyer in a conspicuous manner in the building’s lobby until the violation has been closed.
According to the DOB, the owner must post in the lobby of the building, in a conspicuous manner, a copy of the summons and DOB’s Tenant Information Flyer until the summons is resolved—that is, dismissed or corrected. And these must be posted no later than five calendar days after the summons is served.
Inside an apartment. If the condition giving rise to the violation exists inside a dwelling unit, the owner must distribute a copy of the summons and the Tenant Information Flyer to the resident of that unit, and to residents of adjacent units. The owner must distribute the necessary documents within five days of being served with the violation.
Tenant Information Flyer
The DOB’s Tenant Information Flyer gives readers information on how to view a copy of the summons and next steps for what the owner (or person named in the summons) must do in response to the summons. According to the flyer, the owner must respond to the summons by:
- Admitting to the violation and “curing” the summons (that is, correcting the violating condition and submitting an acceptable Certificate of Correction to DOB); or
- Admitting to the violation by accepting a stipulation agreement with DOB; or
- Admitting to the violation by paying the penalty before the scheduled hearing date; or
- Attending the scheduled hearing at OATH to dispute the summons.
If the owner doesn’t do any of the above in response to the summons, the owner may face default penalties of up to $25,000, depending on the violation.
The flyer also gives the reader information on attending OATH hearings and how he or she might be able to participate in the hearing. The DOB’s Tenant Information Flyer can be found at https://www1.nyc.gov/assets/buildings/pdf/LL110_of_2019_tenant_flyer.pdf.
Failure to comply with Local Law 110 is categorized as a Class 3 “miscellaneous” DOB-OATH violation and bears a $500 penalty. If you received a summons for a violation pertaining to a common area, be sure the violation has been resolved before removing the summons and information flyer from the lobby. To find out the status of a summons, you can enter the summons number in OATH/ECB Violation Number in the Buildings Information System (BIS) at www.nyc.gov/bis.