OATH Hearings & Administrative Proceedings NYC

OATH adjudicates city-issued violations including ECB summonses. BVS represents property owners at OATH hearings to dismiss or reduce penalties for building, fire, and environmental violations.

What Is OATH?

The Office of Administrative Trials and Hearings (OATH) is New York City's independent administrative law court, established to provide a fair and efficient forum for resolving disputes between city agencies and individuals or businesses. OATH adjudicates violations issued by virtually every city agency, including DOB, FDNY, HPD, DOT, DEP, DSNY, and more.

OATH consists of two main divisions: the Trials Division, which handles complex cases involving employee discipline and licensing disputes, and the Hearings Division (formerly the Environmental Control Board), which processes the vast majority of city-issued summonses — over 600,000 per year.

When you receive an ECB violation, your hearing takes place at OATH. The hearing is your opportunity to present evidence, argue procedural defects, negotiate penalties, or demonstrate that the condition has been cured. OATH decisions are binding and enforceable through property liens and judgment collection.

How OATH Hearings Work

OATH hearings follow a structured process: the city presents its case through the violation summons and supporting documentation, and the respondent has the opportunity to present a defense. Hearings are presided over by Administrative Law Judges (ALJs) who evaluate evidence and issue decisions.

Outcomes range from full dismissal to sustained violations with maximum penalties. The ALJ considers the evidence presented, the severity of the violation, the respondent's compliance history, and whether the condition has been corrected. Respondents can appear in person, by authorized representative, or online via OATH's virtual hearing system.

OATH hearings are held at courthouses in each borough. Many routine violations can now be resolved through OATH's online portal, which allows respondents to submit evidence, request adjournments, and pay penalties without appearing in person.

OATH Summons Classes

The most commonly issued violation is an OATH Summons. DOB inspectors issue OATH summonses when a property or construction does not comply with the Construction Codes. There are three classes:

Class 1 — Immediately Hazardous

The violating condition poses a threat that severely affects life, health, safety, property, or the public interest. Class 1 summonses must be corrected immediately and a Certificate of Correction filed with DOB. Failure to correct in a timely manner results in additional DOB civil penalties of at least $5,000 and re-inspections every 60 days. Illegal conversions are subject to additional daily penalties of $1,000/day, up to a maximum of $45,000.

Class 2 — Major Violations

The violating condition affects life, health, safety, property, or the public interest but does not require immediate corrective action. These still carry significant penalties and must be certified as corrected with DOB.

Class 3 — Lesser Violations

The violating condition has a lesser effect than Class 1 or Class 2 on life, health, safety, property, or the public interest. Penalties are lower but the summons must still be resolved.

How to Respond to an OATH Summons

Every OATH summons requires a response. There are four ways to respond — and failing to respond at all results in a default judgment with maximum penalties up to $25,000.

Cure the Summons

If eligible per the DOB Penalty Schedule, correct all violating conditions and submit a Certificate of Correction before the Cure Date. If approved, no hearing attendance or penalty is required. You must select the "Cure Request" option in DOB NOW: Safety.

Accept a Stipulation

For certain summonses, DOB offers a stipulation agreement — admit guilt in exchange for additional time to correct. If certified as corrected by the stipulation compliance date, a reduced penalty is imposed and no hearing attendance is required.

Attend the Hearing

Dispute the summons at a scheduled OATH hearing. Present evidence, argue procedural defects, or demonstrate the condition has been cured. BVS can represent you at the hearing.

Pay the Penalty

Admit to the violation by paying the penalty prior to the scheduled hearing. This resolves the summons but does not remove the underlying violation — a Certificate of Correction must still be filed.

Certificate of Correction

Unless a summons has been dismissed at an OATH hearing, a Certificate of Correction (COC) must be submitted to DOB's Administrative Enforcement Unit (AEU). The process requires:

Obtain the required permits to correct the violating condition(s).
Correct all violating condition(s) and pay all applicable DOB civil penalties.
Submit a COC request through DOB NOW: Safety with supporting documentation.
If AEU approves the submission, the summons is resolved. If disapproved, you may resubmit or dispute AEU's decision.

Important: Summonses remain open (active) on the property's public profile until they have been either dismissed at an OATH hearing or resolved through the COC process. Failure to submit a COC may result in additional violations, civil penalties, and re-inspections.

Work Without a Permit Penalties

If a summons was issued for work without a permit, DOB civil penalties apply and must be paid or waived before a Certificate of Correction will be approved. These penalties must be paid at the DOB borough office where the summons was issued. BVS can help you navigate the permitting process and resolve these penalties efficiently.

OATH's Jurisdiction & Limitations

OATH only adjudicates violations — it does not conduct inspections, issue violations, or order physical corrections to properties.
OATH cannot dismiss the underlying agency violation (e.g., a DOB violation). It can only assess or dismiss the monetary penalty associated with the ECB summons.
OATH decisions can be appealed to the OATH Appeals Unit within 30 days of the decision. After that, appeals go to state court.
OATH cannot hear criminal cases — only administrative violations. Criminal building code violations are prosecuted in criminal court.
OATH's authority is limited to the penalty schedule established by the issuing agency. Judges can reduce but not increase penalties beyond the scheduled range.
Those who do not cure, stipulate, pay the penalty, or attend the hearing face default penalties up to $25,000 depending on the violation.

How BVS Represents You at OATH

Case Review

We analyze your summons, the underlying violation, and the issuing agency's documentation to identify weaknesses in the city's case.

Defense Preparation

We gather evidence including photographs, permits, contractor certifications, and expert opinions.

Hearing Appearance

A BVS representative appears at OATH on your behalf, presenting arguments and responding to the judge's questions.

Post-Hearing Follow-Up

If a cure period is granted, we manage the correction process and file proof of compliance.

Vacating Default Judgments

Missing an OATH hearing date results in a default judgment — the violation is automatically sustained at the maximum penalty. Default judgments are extremely common: many property owners never receive the summons, or receive it too late to respond.

BVS files motions to vacate defaults, demonstrating good cause for the missed appearance and reopening the case for a fair hearing. This is often the first step to resolve ECB violations that have been compounding for months or years. Once a default is vacated, the case is restored to the calendar for a new hearing where all resolution options become available again.

Have an OATH Hearing Coming Up?

Contact BVS today for experienced hearing representation and ECB compliance help.