Licensing & Disciplinary Matters Including Article 78 Litigation

The New York City Department of Buildings (“DOB”) issues over a dozen licenses, registrations, certifications, or special accreditations to professionals in the construction and development industry (see below).  The fact that you might have the knowledge and experience doesn’t mean the DOB will automatically give or renew your license in your respective field.  As a matter of fact, the DOB routinely denies experienced and knowledgeable professionals licensure that they qualify for and deserve.  

We Represent Folks In Your Trade and Profession (click to see list)

General Contractor Master Plumber Master Electrician
Registered Architects Professional Engineers Special Inspection Agency
Hoist Machine (Crane) Operator Master Rigger Tower Crane Rigger
Construction Superintendent Site Safety Manager Concrete Safety Manager
Fire Suppression Contractor Welder Oil Burner Installer
Concrete Testing Lab Energy Auditor/Retro-Commission Agent Sign Hanger
Elevator Agency/Inspector Stationary/Portable Engineer Filing Representative (Expeditor)

Moreover, even being a current license holder doesn’t mean that DOB will not go after your license.  The relentless enforcement arm of the DOB (backed by the City’s Law Department) will waste no time or expense to go after you and your license either after receiving a complaint about you (whether or not that complaint is true) or when an incident or tragedy occurred at a job site and you are somehow directly or indirectly affiliated with that job site (even when you were not involved with, caused the incident/tragedy or had control over the person or company that caused it). 
The fact that you may be affiliated with the job site will be enough to put you in the crosshairs of the DOB and the City.     You may also randomly become a target of the DOB because you fit the profile of a class of licensed or certified professionals that the DOB is trying out a new enforcement scheme on because it want to send a message.  They will accuse you of misconduct, being incompetent, and/or negligence and try to take your license or your filing privileges and further sanction and admonish you.   Registered Architects (R.A.) and Professional Engineers (P.E.s) are also subject to the same harassment as other professionals in the industry.  

Never Casually Admit To Bad Acts Because You Are Being Pressured

If you find yourself in a situation with the DOB where your licenses or privileges are in jeopardy, don’t just casually admit to the charges or voluntarily surrender your license or privileges without first consulting with another professional.  Meeting the DOB, or worse admitting to charges without proper representation just because the DOB’s attorney assures you by phone, email or in person that you will “get probation” or that  “everything will just go away” could instead actually severely damage and hurt your professional reputation and create a framework for the DOB to go after other people in your trade, union, or profession.  
The enforcement penalties the DOB tries to assess against you can easily be tens of thousands of dollars.  Even worse, the heavy hand of the DOB may temporarily or permanently take your livelihood away and push for criminal sanctions against you.   There is no such thing as getting off lightly, because even a warning or reprimand could leave you with a permanent black mark on your record leading to lack of jobs and work opportunities.  You may also be vilified in the press and ostracized within your community and in the industry where you have long been considered a contributing expert.  

The DOB Will Put You On A List of Shame (click to read more)

  • DOB will put you on a list of professionals they have disciplined, no matter how “light” the punishment may seem. The scary part is, at this time, * you will stay on the list “forever.” Your name will forever be entered into a database that is freely available on line and searchable by Google—this means that the alleged bad act will be forever in the universe and be linked to you —available for all potential employers and customers who might google your name.
  • *The DOB started to compile the list in 1998. That list can be found by clicking here.
We represent NYC license holders in disciplinary, suspension and renewal matters at OATH/ECB,  OATH’s Trials Division & in Article 78 in the County Supreme Courts.  Although in some cases a settlement in your best interest can be reached, we will handle your case from the beginning to the end of the trial or hearing.  In some cases, we will on your behalf, take the fight to the NY Supreme Court after an unfavorable final determination.  Our law partners and team and network of attorneys have the subject matter knowledge and experience and also understand the City’s internal mechanisms and policies that drove them to take enforcement action against you.  Why? Because we were once part of that system and know how it works.  Don’t let one mistake, or the City’s unfair or overzealous enforcement action against you, become a referendum on your character, capabilities, career and livelihood.  We will fight for you.  

We Will Represent You on: (click for list)

 

  • •   License revocation and suspension proceedings at OATH’s Trials Division
  • •   Pre-Trial deposition & interrogations
  • •   Pre-Trial negotiations and settlement
  • •   Summonses personally issued to licensees heard at OATH/ECB
  • •   License Renewal Application
  • •   Article 78 in NY Supreme Court because of unfavorable license application
  • •   Article 78 in Supreme Court after final agency determination revoking or suspending license
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