What a DOB elevator failure-to-file or late-filing notice means

Checked against the official pages listed below on 27 Oct 2026. Not legal advice.

A failure-to-file notice is a DOB violation for missing paperwork. It is not an inspection finding that an elevator is unsafe. This page explains the types, the late-fee and expiry mechanics, and the steps DOB publishes for clearing one.

What the notice says

DOB's elevator FAQ says the notice means its records show an approved elevator inspection agency did not submit a required Category 1 or Category 5 report. For a Cat 1 filed with defects, if DOB has no affirmation of correction on record, a failure-to-correct violation is issued instead.

In the open data you will see these as violation types that start with FTF (failure to file) or FTC (failure to correct), followed by the inspection type, for example FTF-VT-CAT1 or FTC-VT-PER. DOB's FAQ shows the same pattern in its violation number format. Our building pages translate these into plain labels.

Late filing, expired filing and failure to file

Late: the report reached DOB after its deadline but inside the late window. It is accepted and a monthly late fee applies.
Expired: the report came after the late window closed. DOB says it will not be accepted, and a failure-to-file violation is issued. Under §103-02(f) the owner pays the civil penalty, has a new inspection and test done for the current cycle, and files a new report.
Failure to correct: defects were not corrected and filed within 104 days of the initial inspection.

The deadlines and amounts are in the inspection types guide and the penalties guide.

How DOB says to clear it

The owner or the owner's agent has two routes, per DOB's page on resolving elevator violations:

Send DOB a letter with proof of compliance, such as a copy of the inspection and test report filed for the cycle year. This is for the case where the report was filed on time.
Pay the civil penalty for each device and file a current inspection and test report in DOB NOW: Safety.

Payment is made in the Violations portal of DOB NOW: Safety, which needs an NYC.ID account. DOB's steps are: choose Violation Search/Payment, search by violation number, device number, address or BIN, select the violation, complete the statements and signature section, and proceed to the CityPay portal. Only one violation can be paid at a time. DOB NOW: Safety calculates the amount owed.

For violations from 2017 or later, DOB says both a payment and a current Cat 1 or Cat 5 report in accepted status are required before the violation is dismissed.

Waivers and challenges

DOB says most failure-to-file violations cannot be dismissed without paying the full civil penalty. §103-02(k) lets an owner ask in writing for a waiver of the penalty on stated grounds: a new owner (with a recorded deed showing the transfer came after the penalties), government ownership, bankruptcy, an elevator removed or dismantled with DOB sign-off before the cycle, a new elevator that got its certificate of compliance during the cycle, work in progress, a building demolished, or a building sealed or vacated by an agency or court order. DOB's page lists a $35.00 payment when submitting a waiver request. The rule defines a waiver as removal of the obligation to pay, which does not by itself dismiss the violation, so check the status afterwards.

If you filed on time and still got a violation, §103-02(j) allows a written challenge within 30 calendar days of service of the violation, with proof of a timely and complete inspection and filing. DOB decides at its sole discretion. DOB's FAQ says to search DOB NOW for the accepted filing and use its tracking number.

Is there a deadline to pay?

DOB's FAQ says there is no deadline to pay the full penalty and no interest accrues. The violation stays on the property until the penalty is paid and a current report is filed. DOB's FAQ also says open violations stop issuance of a final certificate of occupancy and can hurt a refinance or sale.

Check a building's notices

Search an address on Inspection Lookup to see which notices are active, then follow the city record link on the building page. Notices that look unresolved here may have been paid since the last data release, so confirm in DOB NOW before acting.

Sources

Related guides

Browse violations by borough

General information from public NYC sources, current as of 27 Oct 2026. Rules and amounts change, so confirm with DOB before you act. Not affiliated with NYC DOB.