OATH Court: Hearings and Representation for NYC Homeowners

OATH — the Office of Administrative Trials and Hearings — is New York City’s independent administrative court. It is separate from DOB*, HPD*, FDNY*, and the New York State court system. This guide focuses on the OATH Hearings Division, which decides summonses issued by City enforcement agencies; these are administrative proceedings, not criminal trials. DOB-issued OATH summonses are classified as Class 1, Class 2, or Class 3 — see Violation Codes* for what these classes mean.

If you own a one‑ or two‑family home, you may receive a building-related summons naming you as the respondent. Owners, contractors, and other responsible parties can receive summonses. If you are named, follow the response instructions on your summons; you do not necessarily need to appear at OATH in person.

Why OATH matters to homeowners

When city inspectors find issues like unpermitted work, zoning problems, or safety code violations, they may issue an OATH summons. If you are named as the respondent, you must respond according to its instructions. For a DOB-issued summons, resolving the charge and correcting the violating condition are generally separate requirements. Fixing the condition alone does not automatically cancel the hearing or penalty.

• At OATH, a hearing officer decides whether the charge is sustained and what penalty applies. DOB separately handles correction certification. Do not wait for the hearing to address an unsafe condition; Class 1 conditions must be corrected immediately.
• Paying an OATH penalty alone does not satisfy DOB’s correction requirement; you generally must also correct the condition and obtain DOB approval of your correction certification. If OATH dismisses the summons, DOB does not require correction certification for that dismissed summons.

The Hearing Process

At an OATH hearing — usually held by phone, with in-person hearings available by advance request — you can present evidence such as photos, permits, or proof of correction. Correcting a condition does not necessarily defeat the charge that it existed when the summons was issued. Missing a required hearing on a DOB summons can result in default penalties of up to $25,000, depending on the violation. A default means OATH finds you in violation without hearing your defense because you did not respond as required. Unresolved DOB violations remain visible in BIS* and can complicate selling or refinancing your property.

Step by step: What you must do when you get an OATH summons

When you receive a city summons, read it immediately and note the hearing date, response instructions, and any correction deadlines. Act early enough to meet the applicable deadlines so you are not found in default and charged a potentially higher penalty.

You generally have two main choices: admit the charge and pay the stated penalty by the hearing date, if payment without a hearing is allowed, or contest the charge at a hearing. If the summons says you “must appear,” do not assume payment excuses attendance. For a DOB summons, also check for a Cure Date or an offered stipulation: an approved, timely cure can waive the hearing and penalty, while an eligible stipulation may reduce the penalty and excuse attendance. Repairs alone do not establish that either option has been approved.

If you want to contest the summons, check which hearing methods are available for your violation code:

• If your summons is eligible for an online hearing, submit your defense through OATH’s online hearing form on or before the hearing date listed on the summons.
• If your summons is eligible for a hearing by mail, send your written defense early enough for OATH to receive it before the scheduled hearing date.
• Request a phone hearing at least 3 business days before the hearing date on the summons, but no more than one month in advance.
• Request an in‑person hearing at least 5 business days before the hearing date on the summons.

The hearing date printed on your summons does not replace the advance scheduling requirement for a phone or in‑person hearing. Use OATH’s online request process or the email instructions for your chosen hearing method, and follow the confirmation instructions you receive. Do not assume that calling OATH’s general information number schedules your hearing.

If you miss your hearing and are found in default, you generally may pay the amount due or request a new hearing. For a first request, OATH generally grants a new hearing if it receives the required request form within 75 days of the missed hearing date. Use OATH’s “Request for a New Hearing After a Failure to Appear” form and follow its instructions. Later requests may still be possible, but different requirements apply; do not assume the 75-day period runs from when you receive the default decision.

Who can represent you at OATH hearings?

For an OATH Hearings Division summons, your options include:

• You may appear yourself; OATH does not require you to hire a lawyer for these hearings.
• You may hire an attorney admitted in New York State to appear on your behalf.
• You may use a non‑lawyer registered representative (for example, an expediter or consultant) who is registered with OATH and has your signed authorization to appear. Being an expediter or consultant alone does not establish that the person is registered with OATH.
• You may authorize another person, such as a family member, to appear for you, subject to OATH’s appearance and authorization rules. A non‑attorney representative who appears for two or more respondents in a calendar year generally must register with OATH, but people representing only family members are exempt from that registration requirement.

NEXT STEP

Learn more about OATH and its divisions on NYC.gov

About OATH on NYC.gov

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