1 RCNY §102-04
CHAPTER 100
Subchapter B Enforcement
§102-04 Civil penalties for work without a permit and for violation of stop work orders.
(a) Payment of civil penalty for work without a permit or violation of a stop work order. Except as otherwise
provided in this section, payment of the civil penalty is required before:
(1) Issuance of a permit for work in a particular space when work was performed without a permit in such space
and the penalty for such unpermitted work has not been paid.
(2) Renewal of a permit for work performed after the expiration of a permit when the penalty for such
unpermitted work has not been paid.
(3) Acceptance of a certificate of correction for a violation issued for work without a permit, even if removal of
such work occurred or is required and the removal does not require a permit.
(4) Rescission of a stop work order.
(b) Assessment of civil penalty for work without a permit. The civil penalty for work without a permit is assessed
as follows:
(1) The civil penalty is based on occupancy status as shown on the Certificate of Occupancy or other Department
records.
(2) Pursuant to § 28-213.1.1 of the Administrative Code, the penalty for work performed without a permit on a
one-family or two-family dwelling (which includes inside a residential condominium or cooperative unit) is
the greater of six times the amount of the current fee payable for the permit, but not more than $10,000, or
$600. Where only part of the work has been performed without a permit, the Department will reduce the
penalty proportionately according to the amount of work still to be performed at the time the Department
issues a permit but not to an amount less than $600 or more than $10,000.
(3) Pursuant to § 28-213.1.2 of the Administrative Code, the penalty for work performed without a permit on a
building other than a one-family or two-family dwelling (which includes work on any common area of a
condominium or cooperative building) is the greater of twenty-one times the amount of the current fee
payable for the permit, but not more than $15,000, or $6,000. Where only part of the work has been performed
without a permit, the Department will reduce the penalty proportionately according to the amount of work
still to be performed at the time the Department issues a permit but not to an amount less than $6,000 or more
than $15,000.
(4) Expired permits or working without an after-hours variance. The penalty for work performed after the
expiration of a permit for such work or for work performed after hours without a variance permit is $600
when such unpermitted work is performed on a one-family or two-family dwelling or $6,000 when such
unpermitted work is performed on a building other than a one-family or two-family dwelling.
(5) Removal of illegal work. If work that was performed without a permit is removed, the penalty for the
unpermitted work is $600 when performed on a one-family or two-family dwelling or $6,000 when
performed on a building other than a one-family or two-family dwelling, even if the removal did not require
a permit.
(6) Fee-exempt properties. When unpermitted work is performed on properties not subject to permit fees
pursuant to § 28-112.1 of the Administrative Code, the penalty for such unpermitted work is $600 when
performed on a one-family or two-family dwelling or $6,000 when performed on a building other than a one-
family or two-family dwelling.
(7) Legalization of completed work. If work has been performed without a permit and an applicant seeks a permit
for the unpermitted work before a notice of violation is issued, the penalty for such unpermitted work is $600
when performed on a one-family or two-family dwelling or $6,000 when performed on a building other than
a one-family or two-family dwelling.