Open violations and old permits don’t make a house unsellable, but they do affect title, financing, and price. Many buyers and lenders walk away. As a renovator, I expect to resolve them as part of the work.

Quick facts:

According to NYC DOB, a DOB violation stays open until the condition is corrected and DOB accepts proof. Paying a penalty alone doesn’t close it.
Unpaid OATH/ECB penalties can become docketed judgments that show up in title searches.
You can look up your property on DOB BIS / DOB NOW before we talk.

How I handle it: I review the violations and permits upfront and price them in. Your attorney and the title company then decide what gets paid off from proceeds at closing. Full guide: Selling a NYC house with DOB violations Get an offer

The three OATH summons classes

NYC DOB groups OATH summonses as Class 1 (immediately hazardous), Class 2 (major), and Class 3 (lesser). Missing an OATH hearing can bring a default penalty. Even after a penalty is paid, the summons can still show as open until the correction is certified with DOB.

Violations generally follow the property

A violation is issued against the premises, so the duty to correct it passes to the next owner. That’s why a buyer who plans to renovate anyway, and pull permits, can take the house with violations attached.

What can actually block a closing

ECB/OATH penalties docketed as judgments against the owner’s name. These usually have to be paid at or before closing.
A Certificate of Occupancy that doesn’t match how the house is actually used (for example, an extra unit).
DOB won’t issue a new or amended Certificate of Occupancy while DOB violations stay active.

How to read your record

In DOB BIS, dismissed DOB violations show an asterisk next to the number (for example V*…). The ones without an asterisk are still open. If BIS doesn’t show the details, you can request copies from the issuing DOB unit.

Common questions

Should I fix violations before selling? Sometimes. If the cure is small, fixing it can raise your price. If it means permits and construction, selling as-is may make more sense. Compare with renovating
Who pays the penalties? Your attorney and the buyer negotiate that in the contract. Docketed amounts are often paid from proceeds.

Related: house needs repairs · construction · FAQ

Fixing instead of selling? Our basement rules guide and gut renovation guide cover the permits involved.