How to Handle a Multiple Dwelling Violation (MDV)

MDV is the multiple dwelling code in a Department of Buildings violation number. The types page gives those letters that label. It does not define a procedure, a form, or a penalty for MDV. The notice states the condition. Do not treat every MDV paper as an illegal conversion. Conversion rules apply when the notice is a conversion charge.

Read the notice

Confirm the number contains MDV. Vacate is VAC. An order of closure is VCLOS. Zoning is ZV. Work without a permit has its own codes. An asterisk means the types page marks the item dismissed. None of those is a subtype of MDV.

Older summonses say ECB. Current pages call that hearing path an OATH summons. OATH holds the hearing. OATH is not part of the Department of Buildings and does not issue the summons. A DOB violation is a notice that the property is out of compliance with the Construction Codes, the Zoning Resolution, or other applicable laws, plus an order to correct. There is no court appearance. The Department will not issue a new or amended Certificate of Occupancy, or a Letter of Completion, while DOB violations remain active.

If a class is printed, Class 1 is immediately hazardous, Class 2 is major, and Class 3 is lesser. The class is severity. MDV does not set it. On a summons, read the hearing date and any cure date. Unless OATH dismisses the summons, the condition must still be corrected and a certificate of correction accepted. Paying the penalty does not close the Department record.

What the city is requiring

Follow the condition on the notice. The types page does not say what work an MDV always requires. Where the paper is an illegal conversion, the Department describes that as any new living space built in an existing building without prior approval. Examples on that page are bedrooms in a cellar and unauthorized rooming units. Inspectors may issue OATH violations. Unauthorized work is also subject to stop-work orders. The page states default penalties as high as $25,000 for each such violation if the owner does not attend the hearing. That figure is for that conversion case. It is not printed on the MDV label.

The classification table includes charges that name a multiple dwelling. One is a multiple dwelling converted, maintained, or occupied with three or more dwelling units than the certificate of occupancy or official records allow, listed as Class 1. A one- or two-family residence converted to or maintained as a dwelling for four or more families is also Class 1. A residence altered for more families than legally authorized is Class 2. Class 1 illegal-conversion summonses can add $1,000 per day until certified, imposed by OATH, with a stated maximum of $45,000. Use these only when the notice is that charge.

The Quality of Life Task Force inspects illegal-conversion complaints and issues vacate orders for non-compliance. A vacate order is its own paper. It is not created by the letters MDV.

What S & M Expediting handles

S & M Expediting researches the MDV paper and the condition it actually states, including whether it is a DOB violation or an OATH summons. We prepare and file the certificate of correction and the related Department filings, and we follow them. When the paper is a summons, we can appear at the OATH hearing.

S & M Expediting is a Class 2 filing representative. We will work with the contractor you have, or if not, we will recommend one from our network. See our DOB violation removal service.

Who does the corrective work

The licensed professional the notice requires does the legalization or the removal of the condition. That may be a design professional, a contractor, or both, depending on the paper. We will work with the contractor you have, or if not, we will recommend one from our network.

Call us at 718-833-2333 or email info@sandmexpediting.com. Bring the notice and any certificate of occupancy. S & M Expediting is a New York City certified minority- and women-owned business.