An audit from NYC Comptroller Brad Lander’s office has uncovered troubling insights into the enforcement of building codes across the city's diverse neighborhoods. The report reveals that homeowners in predominantly Black and Hispanic neighborhoods are disproportionately affected by the city's penalty system for building code violations. In particular, residents in ten community districts—most of which are lower-income—are facing not only higher fines but also a greater number of summonses related to illegal conversions and default judgments. The problematic patterns highlighted involve an over-reliance on anonymous 311 complaints, which, according to Lander's audit, overlook systemic inequities.
"The Department of Buildings’ lack of strategic enforcement and overreliance on anonymous 311 calls directly contributed to inequitable levels of fines in New York City’s communities of color," Lander stated in the auditor's findings. The audit suggests that to more effectively safeguard, instead of overly to penalize, these communities, significant process reforms are necessary. Specific districts, like Queens District 12, have become focal points for these high penalties, drawing attention to the urgent need for equitable practices, as reported by the Office of the New York City Comptroller.
The audit not only revealed disparities in the enforcement of fines but also that review times have increased significantly. Comparing the first quarters of 2022 through 2024, the DOB’s review time jumped by 80%, impacting approval times for major home alterations and potentially contributing to the accumulation of fines. Despite the DOB’s efforts with Homeowner Relief Programs, designed to help property owners resolve compliance issues without heavy penalties, there has been a lack of established metrics to evaluate the program’s impact.
Concerns have been heightened by members of the City Council. According to the press release, "Reforming the DOB’s enforcement process isn’t just about fairness—it’s about ensuring code enforcement doesn’t strip wealth from the communities that need it most," Lander continued to press in the report. City Council members, including Kevin C. Riley, Althea Stevens, and Nantasha Williams, shared these concerns, advocating for a move away from punitive systems and towards genuine support for homeowners—particularly within minority communities that have historically faced discriminatory practices in housing and lending.
The recommendations from the audit include a re-assessment of DOB's handling of 311 complaints, a halt on "Failure to Comply" summonses during the remediation plan review, public reporting of plan review timelines, and more proactive community outreach. These steps are designed to not just alleviate the immediate financial burdens but also to prevent the erosion of generational wealth among homeowners in impacted neighborhoods, as per reports by the Office of the New York City Comptroller.
