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Nacmias Law Firm, PLLC

NYC OATH Lawyer — Violation Defense & ECB Hearings

NYC OATH lawyers defending property owners, contractors, and businesses against violation summonses — DOB, FDNY, DEP, DOHMH, DSNY, and DOT — at OATH/ECB hearings across all five boroughs. Direct attorney access from intake to decision.

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Overview

What you need to know about NYC OATHyer — Violation & ECB Hearings.

The basics, what we do, and the issues we see most.

What is OATH and what happens after I get an NYC violation summons?

Quick Answer

OATH is NYC's administrative court for agency violations from DOB, FDNY, DOHMH, DSNY, DEP, and DOT. A summons is not the end of the case. Depending on the facts, you may be able to cure the condition and avoid the penalty, negotiate a stipulation, challenge the violation at a hearing at 66 John Street, or reopen a default within one year.

Who we work with

NYC building owners, contractors, restaurants, food carts, and other businesses facing summonses from DOB, FDNY, DEP, DSNY, DOHMH, and DOT. Direct attorney access from intake through OATH hearing. Flat fees on routine violations. Coordination with fire-safety contractors, sprinkler engineers, and Certificate of Fitness holders for technical corrections across all five boroughs.

Services we offer for NYC OATHyer — Violation & ECB Hearings.

OATH cases move on tight clocks — most have a 60-day cure window or strict hearing-response deadline. Here's what the attorney handling your matter does, from intake through decision.

  • Appear at OATH on your behalf at 66 John Street or by phone
  • File Certificates of Correction within the 60-day cure window
  • Negotiate stipulations to reduce penalties or avoid a finding of guilt
  • Defend at hearing with photographic evidence, expert reports, and prior-compliance documentation
  • File Motions to Vacate Default within the one-year window under 48 RCNY § 6-21
  • File Article 78 appeals to NY Supreme Court when the OATH decision is arbitrary
  • Coordinate corrective action with your contractor or compliance professional
  • Represent multi-violation portfolios across DOB, FDNY, DEP, DOHMH, DSNY, and DOT matters

Scenarios we see most.

  • DOB work-without-permit and stop-work-order violations
  • FDNY sprinkler, standpipe, and fire-alarm deficiency summonses
  • DOHMH restaurant letter-grade hearings and food-safety violations
  • DSNY commercial sanitation, recycling, and snow-removal citations
  • DEP noise, asbestos, and hazardous-materials summonses
  • DOT failure-to-yield §19-190(b) and traffic-related summonses
  • Façade Local Law 11 (FISP) and elevator-inspection violations
  • Multi-violation portfolios spanning several agencies

Areas of specialization

Specific areas we handle.

Each sub-practice has its own page with FAQs, statute citations, and process detail.

DOB Violations

We defend property owners, contractors, and developers against NYC Department of Buildings violations — Class 1, 2, and 3 — under Title 28 Construction Codes. Certificate of Correction filings, OATH hearings, and motion-to-vacate practice across all five boroughs.

DOBOATH

FDNY Violations

We defend property owners, building managers, and commercial tenants against NYC Fire Department violations — sprinkler and standpipe deficiencies, fire alarm issues, egress, fire safety plans, and place-of-assembly matters — at OATH across all five boroughs.

FDNYOATH

DEP Violations

We defend property owners and businesses against Department of Environmental Protection violations — noise, air quality, asbestos, hazardous materials, and water discharge — across all five boroughs.

DEPECBOATH

DSNY Violations

We defend property owners, building managers, and commercial businesses against NYC Department of Sanitation violations — dirty sidewalks, improper set-out, recycling non-compliance, and commercial-waste rule violations — at OATH across all five boroughs.

DSNYOATH

DOH Violations

We defend restaurants, food carts, daycare operators, and other regulated businesses against NYC Department of Health and Mental Hygiene violations — restaurant letter-grade inspections, vermin findings, food-handler issues, and childcare-facility matters — at OATH across all five boroughs.

DOHMHOATH

Traffic Violations

We defend cyclists, drivers, business owners, and contractors against NYC Department of Transportation summonses — failure-to-yield (Admin Code § 19-190(b)), sidewalk-cafe violations, street-permit issues, and signage matters — at OATH across all five boroughs.

DOTNYPDOATH

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

DOB, FDNY, DEP, DSNY citations across residential and mixed-use portfolios.

Contractors & Developers

Work-without-permit, stop-work orders, and post-completion inspections.

Restaurants & Retail

DOHMH letter-grade hearings, FDNY suppression-system summonses, DCA licensing.

Co-op & Condo Boards

Façade Local Law 11, elevator inspections, building-wide compliance matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Free Case Review

  2. 2

    Step 2 of 5

    Cure or Defend Decision

  3. 3

    Step 3 of 5

    Hearing Preparation

  4. 4

    Step 4 of 5

    OATH Hearing or Stipulation

  5. 5

    Step 5 of 5

    Decision and Closeout

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What is OATH and how is it different from court?

OATH is the NYC Office of Administrative Trials and Hearings — an administrative tribunal, not a criminal or civil court. It handles summonses issued by city agencies (DOB, FDNY, DEP, DOHMH, DSNY, DOT) for regulatory and code violations. The standard of proof is preponderance of the evidence, not beyond a reasonable doubt. Hearings are typically shorter and less formal than court trials, but the consequences (fines, license actions, default judgments) are real.

Question 2

Where are OATH hearings held?

The main OATH hearing center is at 66 John Street, 10th Floor, Manhattan. Many violations now offer phone hearings as an alternative — particularly DEP, traffic, and lower-penalty matters. For in-person matters, separate hearing locations exist for taxi/TLC matters (33 Beaver Street) and licensing issues (66 John Street).

Question 3

How much does it cost to fight an OATH violation?

Penalty amounts vary widely by agency and class — from $50 for minor sanitation violations to $25,000+ per count for hazardous DOB violations. Legal fees depend on case complexity; many OATH matters are handled on a flat-fee basis rather than hourly. We provide a written fee estimate before any engagement.

Question 4

Can I represent myself at an OATH hearing?

Yes — OATH does not require legal representation. However, represented respondents see significantly better outcomes, particularly on technical defenses, multi-violation matters, and any case where the penalty exceeds $5,000. The hearing officer cannot give legal advice and the agency representative is professionally trained to seek the maximum penalty.

Question 5

What happens if I miss my OATH hearing?

You receive a default judgment for the maximum penalty plus a default surcharge. You have one year from the default date to file a Motion to Vacate Default under 48 RCNY § 6-21. Vacating requires showing both a reasonable excuse for the absence and a meritorious defense. After one year, the default becomes a judgment that the city can collect against your assets.

Question 6

Can I appeal an OATH decision?

Yes. OATH appeals go first to the Appeals Division within OATH (filed within 30 days of the decision). After the OATH appeal is decided, you may seek judicial review in NY Supreme Court via an Article 78 proceeding. Judicial review is limited to whether the OATH decision was arbitrary or capricious — not a fresh look at the facts.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

Article

NYC DOB Certificate of Correction: New DOB NOW Safety Portal Launches December 2025

The new DOB NOW: Safety portal is live as of December 15, 2025. Learn the 5 key changes, step-by-step submission process, and how to avoid the 20 common disapproval reasons.

DOB NOW SafetyCertificate of CorrectionCOC
Read articleOpen
Article

What Are the Critical NYC DOB Updates for December 2025?

NYC property owners face urgent DOB deadlines: a historic basement legalization program, year-end inspection reports due December 31st, and the new 2025 Electrical Code effective December 21st. Here's what you need to know.

DOB updates December 2025basement legalization NYCNYC building inspections
Read articleOpen
Article

Understanding DOB Violations: A Complete Guide

Your complete guide to understanding, navigating, and resolving NYC Department of Buildings violations with confidence. Learn about violation classes, penalties, and resolution strategies.

DOB violationsNYC building codeviolation classes
Read articleOpen
Article

NYC Failure-to-Yield (§ 19-190[b]) at OATH: What to Expect

Complete guide to NYC Admin Code § 19-190(b) 'Failure to Yield Causing Physical Injury' summonses at OATH. Learn about phone hearings, flat fee structure, and what to expect from the process.

NYC traffic violationsfailure to yieldOATH hearings
Read articleOpen
View all guides

Free case review

Have an OATH summons in hand?

Time matters with OATH violations — most have a 60-day cure window or a strict hearing-response deadline. Same-day response during business hours.

Start Free Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters