OATH Hearings: A Guide for NYC Property Owners

When your building gets an OATH summons (the successor to the old ECB violation), you have three basic choices: pay it and admit the violation, contest it at a hearing by phone, online, by mail or in person, or, for many Buildings Department summonses, fix the condition early and cure it with no penalty. The one thing not to do is ignore it: a missed hearing is a default, the facts in the summons are treated as admitted, and the penalty can be higher.

Below is how each option works for an owner, the deadlines that matter, and what happens if a penalty goes unpaid.

Step 1: read the summons

Before choosing a path, find these on the summons:

• The issuing agency. OATH hears summonses from many City agencies, including the Department of Buildings. The agency decides how you prove a correction.
• The hearing date. Every option below is measured against it.
• The penalty. Paying the listed penalty before the hearing date resolves the hearing, but it is an admission.
• Cure or stipulation options. For DOB summonses, a cure date or stipulation offer may be printed on the summons.

Step 2: choose how to respond

Paying

Paying on or before the hearing date without a hearing is an admission and gives up your right to contest. For a Buildings summons, paying does not close the violation on DOB's records; you still need an approved Certificate of Correction. See How to clear DOB violations.

Curing or stipulating (DOB summonses)

Under DOB's rules, every Class 3 summons and some Class 2 summonses can be cured: file an acceptable Certificate of Correction in DOB NOW within 60 days of service and the hearing is cancelled with a zero penalty. DOB may instead offer a stipulation, which halves the penalty if signed before the hearing and gives you 75 days from the first hearing date to correct. Both count as admissions.

Contesting

1. 1

   By phone

   Use OATH’s online request form at least 3 business days and no more than 1 month before your hearing date.
2. 2

   Online

   If your case is eligible, submit your written defense and evidence through OATH’s online hearing form by the hearing date.
3. 3

   By mail

   Send a written defense by regular mail. OATH must receive it before the hearing date.
4. 4

   In person

   Email [email protected] at least 5 business days before the hearing. The agency’s representative appears by phone.

Bring evidence that speaks to the specific charge: dated photos, contractor invoices, permits and sign-offs, filed inspection reports, leases showing who controlled the area, or proof the summons was served on the wrong party. If you can't make the date, you can reschedule once. Hearing officers cannot reduce or waive penalties that are set by law, so arguments about hardship rarely change the amount; arguments about the facts can.

From summons to judgment: the timeline

1. Summons served

   Clock starts

   DOB Class 2 and 3: 60 days to correct, and to cure if eligible. Class 1: correct and certify immediately.

2. Before hearing date

   Pay, cure, stipulate, or prepare a defense

   Phone hearing requests close 3 business days before; in-person requests 5 business days before.

3. Hearing date

   Decision

   Dismissed, or found in violation with a penalty. A no-show is a default and the facts in the summons are deemed admitted.

4. Within 30 days (35 if mailed)

   Appeal deadline

   Applies to decisions after a hearing. Defaults are not appealed; you ask for a new hearing instead.

5. Within 75 days of the default

   Automatic new hearing

   OATH grants a first request received in this window. Only once per summons.

6. Up to 1 year after the default decision

   Late request to reopen

   Must include a reasonable excuse for missing the hearing. After a year, only in exceptional circumstances.

7. Unpaid

   Collections and judgment

   The City can file in Civil Court for a judgment, the Department of Finance can start collections, and you can lose City licenses, permits or registrations.

If you missed the hearing

A default decision takes effect immediately. You can pay the default penalty, or ask for a new hearing using OATH's request form, online or by mail. OATH grants your first request if it arrives within 75 days. OATH's web pages count from the missed hearing date, while its rule (48 RCNY §6-21) counts from when the default decision was mailed or handed to you, so use the earlier date to be safe. Later requests, up to one year after the default decision, need a statement giving a reasonable excuse, and a hearing officer decides; whether you were properly served is one of the factors considered. If you are granted a new hearing and miss that one too, you generally can't reopen again.

If a request is denied, you owe the default penalty plus any fees or interest that have accrued.

Appealing a decision

1. File within 30 days of the decision date (35 days if the decision was mailed). The date is next to the hearing officer's signature on the last page.
2. Pay the penalty first. Exceptions include a financial hardship waiver (with tax returns or proof of public assistance), a payment plan with the collecting agency, or another legal waiver. If you win, you get a refund.
3. File online or by mail, and send a copy of your appeal to the agency that issued the summons.
4. The Appeals Unit's written decision is generally OATH's final determination (for summonses heard under the Environmental Control Board's authority, the rules make it a recommendation to the Board, which issues the final decision). After that, the route is a court challenge under CPLR Article 78.

Owner checklist for every summons

• Put the hearing date, cure date and 60-day correction date in your calendar the day it arrives.
• Fix the condition, with permits if needed, and keep dated proof.
• Decide early: cure, stipulate, pay or contest.
• File the Certificate of Correction in DOB NOW for DOB summonses.
• Check DOB's summons status lookup and BIS until the violation shows as resolved.
• Representing yourself? OATH says to text “OATHhelp” to (917) 451-8829, or contact the OATH Help Center.

Many summonses come from missed compliance filings. The landlord compliance calendar lists recurring deadlines such as facade, gas piping and energy filings.

This is general information, not legal advice. For a large penalty or a summons that affects a sale, consider a lawyer or expediter who handles OATH cases.