OATH Hearing Lawyer
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 of OATH summonses:
- Class 1 (Immediately Hazardous)
- Class 2 (Major Violations)
- Class 3 Lesser Violations)
Read on to learn more about these features.
Class 1 (Immediately Hazardous)
Immediately Hazardous Summons are those where the violating condition(s) poses a threat that severely affects life, health, safety, property, the public interest, or a significant number of persons so as to warrant immediate corrective action, or are those specified as such by the NYC Construction Codes. When you get a Class 1 summons, it must be corrected immediately and a Certificate of Correction must be filed with DOB to prove the violating condition(s) have been corrected. Immediately Hazardous Summonses that are not corrected and certified as corrected in a timely manner, face additional DOB civil penalties of at least $1,500 and re-inspections every 60 days.
Upon re-inspection, if it is determined the condition remains or an acceptable Certificate of Correction has not been filed with DOB, additional summonses may be issued. To avoid the $1,500 civil penalty and further re-inspections of the condition, certify the summons as corrected with the Department's Administrative Enforcement Unit (AEU). Our law office can help with the handling of an OATH hearing where you get a Class 1 summons.
Class 2 (Major Violations)
Major Violations are those where the violating condition(s) affect life, health, safety, property, or the public interest but do not require immediate corrective action, or those specified as such by the Construction Codes.
Class 3 (Lesser Violations)
A Class 3 summons is categorized under "Lesser Violations." These are violations where the violating condition(s) has a lesser effect than a Class 1 or Class 2 violation on life, health, safety, property, or the public interest. To determine whether your summons is an Immediately Hazardous, Major or Lesser Violation, refer to the OATH Summons or Notice of Violation received or consult the DOB Penalty Schedule. In general, an OATH Summons may require the person/entity named on the summons to appear at a hearing. If a hearing is required, attend the scheduled hearing at the OATH Hearings Division (Office of Administrative Trials and Hearings). If you need an OATH hearings lawyer, then please reach out to our law office today. We help many clients within the greater NYC area.
Steps to Correct an OATH Summons
All violating condition(s) must be corrected and certified as corrected with the NYC Department of Buildings. To certify correction, you must use an eFiling account to log into DOB NOW and select the BIS portal. From the portal, you must select +Certificate of Correction Review Request and enter the required fields, which includes the Summons number. Select Save. Then, in the Documents section, you must upload completed applicable forms and any other required documents. After completing the Statements & Signature section, select Submit. The request will not be reviewed until the Submit button is selected and confirmation is given for it to be submitted. Once submitted, an email notification will be sent to the applicant with the status of the review. If the request is disapproved, a new request must be submitted.
To get OATH forms and for general information relating to a Certificate of Correction submission or OATH Summonses about summonses, you can contact the AEU Customer Service Team through the online help form or call (212) 393-2405 between 8:30 am to 4:00 pm, Monday through Friday (except Holidays). For information on about Hearing Options, OATH imposed penalties Stipulation Agreements, contact the OATH Hearings Division at 844-OATH-NYC (844-628-4692) or visit the OATH website. If you need any help with this process, please contact us today.
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As an OATH hearings lawyer in NYC, we have years of experience navigating this process and settling it in a timely manner. Other similar areas we cover at our law office includes DOT violations and TLC violations.