Increase of Violation Amount for Failure to Maintain Vacant Lots

Online comments: 4

• Yosep Blake Bak - NYS PE 107881

  Comment on proposed rule: Violation Amount for the Failure to Maintain Vacant Lots (amendment to 16 RCNY 19-103)

  I support raising the vacant lot penalty from $100 to the $250 statutory maximum. But $250 is still too low to change an owner’s behavior, and the rule should go further in four ways DSNY can act on now, plus one change that needs the City Council.

  Why this matters: 224 Ainslie Street, Brooklyn (Block 2776, Lot 10) is classified by the Department of Finance as vacant land (building class V0). Since at least June 2022 it has been enclosed by a solid plywood construction fence topped with netting, an estimated 12 feet high. Through gaps in the fence, the lot is plainly visible as a private yard: a painted basketball court, artificial turf, a picnic table and seating. On 10/4/2026 I reported the site through the 311 app with photos (SR 311-29200734, filed as a dirty condition). DSNY closed the complaint the next morning, stating that no DSNY conditions were observed and that the location “will be referred to the appropriate agency.” The closure gave no agency name, no referral number, no inspector observations, and no way to follow up. A separate 311 complaint to the Department of Buildings about the same fence (SR 311-29172040) was closed within two days with no inspection reported. Each agency’s closure points somewhere else, and the condition stays.

  Recommendations within DSNY’s authority:

  1. Separate violations for separate days. A lot that stays dirty for months should produce a summons on each re-inspection, not one summons per complaint. The rule should direct inspectors to re-inspect a lot found in violation within 30 days and to issue a new summons on each date the condition is found.

  2. Document what the inspector saw. A closure that says only “no conditions observed” tells the public nothing and cannot be checked. Every vacant lot inspection should record the inspector’s observations and at least one photograph, including the interior of the lot as seen over or through the fence, and attach them to the 311 record. At 224 Ainslie, anyone looking through the fence gaps can see a private basketball court on a lot classified as vacant. That observation is exactly what should trigger a referral. Solid fences also limit what an inspector can see, which is why Local Law 74 of 2021 (Building Code Section 3307.7) requires chain link fencing at construction sites stalled for two or more continuous years.

  3. A mandatory, trackable referral to DOB. Add a section requiring that when a DSNY inspector at a vacant lot observes (a) a construction fence, sidewalk shed, or posted DOB permit, (b) a solid fence enclosing a lot classified as vacant, or (c) private use of a lot classified as vacant, DSNY must send an electronic referral to DOB within two business days, with photographs and the 311 number. The 311 record should show the receiving agency, the referral date, and the receiving agency’s complaint number, and the original service request should stay open until the receiving agency records an inspection result. Neither agency should be able to close the matter by pointing to the other.

  4. Public data. Publish quarterly, by community district, the number of vacant lot summonses issued, paid, defaulted and dismissed, and the number of vacant lots referred to DOB with their outcomes.

  Recommendation requiring Council action:

  5. The cap itself. As I read Administrative Code Section 16-118(9), a vacant lot violation is capped at $250 and, unlike several other subdivisions of the same section, carries no higher penalty for repeat violations within 12 months. DSNY should state in the final rule’s statement of basis and purpose that the cap is inadequate and ask the Council to amend Section 16-118(9) to (a) add escalating penalties for repeat vacant lot violations, for example $250 for a first violation, $2,500 for a second within 12 months, and up to $25,000 for a third or subsequent violation, in line with the $25,000 maximum the Department of Buildings can impose for serious violations; and (b) make unpaid vacant lot judgments a lien on the lot, collectible with property taxes, so an owner cannot default, ignore the judgment, and keep using the land.

  Please adopt the $250 amount, add the provisions in items 1 through 4, and support the statutory change in item 5. A penalty only deters if it is issued, escalates, and is collected.

  Comment attachment
  224-Ainslie-St-Brooklyn-11211.pdf

  Comment added October 7, 2026 12:24pm

• FrankDardani

  These vacant lots are a real I saw weeds as high as trees, mosquitoes breeding rodent Harbridge. It also makes it easy for dumpers to have access a alternate minimum4 foot fence should be mandatory around any property that doesn’t have a building on it.

  Comment added October 8, 2026 8:45am

• Nancy Sheran

  Other issues with vacant lots are vermin and standing water. Owners should be required to keep the lot free of rats, mice and standing water.

  Comment added October 8, 2026 10:32pm

• Sabrina Massey

  I would like to know why the owners of these vacant lots are allowed to lock up the lots, leave them vacant for years and are not required to maintain them. I have a lot near me and the grass is overgrown, and is infested with rodents. It only gets cleaned up when I complain.

  Comment added October 15, 2026 9:24am