NYC Illegal Occupancy — Hearing Help
Facing an OATH hearing over an illegal apartment in your home?
An OATH hearing has a date, a deadline, and a real penalty attached. Miss it and the violation is sustained at the maximum. Here is what the hearing is, what your options are, and how we help.
How it usually goes
The clock is already running
This is the sequence a summons sets off. The sooner you act inside it, the more options you keep.
- It arrives
A summons with a hearing date, a violation code, and a penalty already attached to it.
- The clock starts
The hearing date and any correction window are fixed — and they do not wait for you.
- It goes to OATH
An administrative judge decides whether the violation stands, and at what penalty.
- You get ahead of it
One call — we confirm the date, build the response, and appear so you do not face it cold.
What comes next
You will not be guessing your way through this
From the first consultation, you will understand the hearing, the deadlines, and the response that protects your property.
A common misconception
You do not have to take a day off and stand in line
OATH offers several ways to be heard. The right one depends on your case — not on which is most convenient to assume.
In person
At the OATH hearing location for the borough listed on your summons.
By telephone
A scheduled phone hearing — no travel, no waiting room.
Online
A video hearing you join from home or your office.
By written defense
Submit your evidence and statement in writing, without appearing at all.
Represented by counsel
An attorney appears for you and presents the defense — you do not have to be there.
A default is serious — but it is not always the end of the road.
When you miss an OATH hearing, the violation is sustained by default at the maximum penalty. You generally have 75 days from that default to file a Motion to Vacate and ask OATH to reopen the case. After that window, the remaining remedy is an Article 78 proceeding in Supreme Court — far more demanding and expensive.
If you have defaulted, the single most important factor is how much of that window is left. That makes it worth getting your situation reviewed now, not later.
Here is how we work it
From summons to decision, with a plan at every step
Knowing the four steps ahead of time is the difference between panic and a plan.
Confirm the date & format
We locate your hearing, confirm how it will be heard, and calendar every related deadline.
First
Decide the approach
Correct, contest, or both — we read the summons and the facts and recommend the route.
Early
Build the defense
We assemble the proof OATH actually credits: dated photos, permits, invoices, a clear timeline.
Before the hearing
Appear & resolve
We appear at OATH, present the case, and pursue dismissal, cure credit, or a penalty reduction.
Hearing day
Want the detail? Read our OATH hearings roadmap.
Why property owners call us
We do this every week
OATH hearings are our day job
We appear before OATH for property owners across the five boroughs every week.
Built around your deadline
The hearing date drives everything. We work backward from it, not toward it.
Correct and contest
We pursue the cure credit and the procedural defense — whichever the facts support.
Straight answers
Questions property owners ask us first
Your hearing has a date. Your response should have a plan.
A free 15-minute case review tells you exactly where you stand — the deadline, your options, and what to send us. Picking up the phone is the easiest part.
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general and not legal advice; contacting Nacmias Law Firm does not create an attorney-client relationship.