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Nacmias Law Firm, PLLC

OATH Violations

DOHMH Health-Code Violation Defense

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.

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Overview

What you need to know about DOHMH Health-Code Violation.

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

What is a NYC DOHMH violation, and how does the restaurant letter-grade system work?

Quick Answer

A DOHMH violation is a Notice of Violation issued under the NYC Health Code (24 RCNY) — most commonly arising from restaurant inspections that produce sanitary scores tied to the A/B/C letter-grade displayed at the entrance. Violations are heard at OATH; penalties typically range $200 to $2,000 per violation, with critical and public-health-hazard violations carrying steeper exposure and license consequences.

Services we offer for DOHMH Health-Code Violation.

Restaurant inspections generate two parallel tracks: the letter-grade score (which drives customer-facing impact) and the OATH penalty proceeding (which drives the dollar exposure). We handle both — and coordinate compliance work between them. Here's what we do.

  • Defend restaurant letter-grade inspections and OATH penalty proceedings under the NYC Health Code (24 RCNY)
  • Challenge specific inspection findings — temperature documentation, vermin evidence, food-handler certification, equipment standards
  • Coordinate re-inspection strategy to recover an A grade and minimize ongoing penalty exposure
  • Defend childcare/daycare facility violations under Article 47 of the Health Code
  • Defend food cart, mobile vendor, and farmers market vendor violations
  • Defend public-health and consumer-safety violations (smoke-free workplace, rodent-control, mold abatement)
  • File Motions to Vacate Default within the 75-day OATH window under 48 RCNY § 6-21

Scenarios we see most.

  • Restaurant inspection critical violations (food temperature, evidence of vermin, bare-hand contact)
  • Letter-grade contests — challenging point totals to recover an A grade
  • Food Protection Certificate (FPC) and food-handler training violations
  • Vermin (rodents, roaches, flies) — live evidence vs. evidence-of-presence findings
  • Food cart and mobile vendor permit and operational violations
  • Childcare facility (Article 47) violations — staff ratios, immunization records, sanitary conditions
  • Smoke-free workplace and outdoor-dining smoke violations
  • Defaulted summonses requiring motion to vacate within 75 days

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

    Review inspection report, photos, and the underlying violation summons

  2. 2

    Step 2 of 5

    Coordinate immediate corrections and re-inspection scheduling

  3. 3

    Step 3 of 5

    Identify defenses — inspector documentation, sample handling, due-process gaps

  4. 4

    Step 4 of 5

    Represent at OATH hearing or negotiate stipulation with DOHMH

  5. 5

    Step 5 of 5

    Maintain compliance documentation to defend against repeat findings

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

How does the restaurant letter-grade system actually work?

Restaurants are scored on a point system at each inspection — lower is better. 0–13 points = A, 14–27 = B, 28+ = C. After an initial inspection, restaurants scoring above an A enter an adjudication track at OATH. They display 'Grade Pending' while contesting, and re-inspection occurs roughly 30 days later. The OATH hearing decides both the underlying penalty AND whether the violation points stand for the letter-grade calculation. Successful defense can both reduce penalties AND restore an A grade.

Question 2

What's the difference between a critical and a non-critical violation?

Critical violations are those most likely to contribute to foodborne illness — improper food temperatures, contaminated equipment, sick food workers, evidence of rodents or roaches. They carry more inspection points (5+ each) and can trigger immediate closure if a 'public health hazard' (PHH) is found. Non-critical violations are facility/maintenance issues — typically 2–4 points each. The strategic priority in inspections is always to address criticals first.

Question 3

How much does it cost to defend a restaurant DOHMH inspection?

A typical multi-violation restaurant inspection defense runs $1,500–$3,500 on flat fee, including OATH hearing representation and grade-contest strategy. Single-violation matters or food-cart violations are typically $750–$1,500. Restaurant closures triggered by public-health hazards or repeat C grades require emergency response and are quoted on consultation. Free initial consultation.

Question 4

My restaurant got a closure order. What now?

DOHMH closure orders are issued for public-health hazards (severe rodent infestation, no hot water, sewage backup) or for operating without a permit. The path back to opening requires immediate corrective action, request for re-inspection, and paying any outstanding penalties. Closure is a separate proceeding from the violation summonses — both must be resolved. Time is everything: restaurants typically lose $5,000+ per closed day. Same-day response.

Question 5

Can the inspector really cite me for evidence of vermin if I have no live mice?

Yes. The Health Code allows citations for both 'live' vermin (which is dispositive) and 'evidence of vermin' — droppings, gnaw marks, harborage conditions, dead specimens. 'Evidence' findings are factually contestable: how much, where, when last cleaned, sample collection method. Many evidence-based findings can be reduced or dismissed at hearing where the inspector's documentation is incomplete. Active integrated-pest-management contracts and recent cleaning logs strengthen the defense.

Question 6

Do I need a Food Protection Certificate (FPC) supervisor on-site at all times?

Under 24 RCNY § 81.15, a supervisor of food operations must hold a current Food Protection Certificate, and the certificate-holder must be present during all hours of operation. The actual citation issued is for failure to have a certified supervisor on-site at the time of inspection — and is regularly defensible by showing the certified person stepped out briefly, scheduling records, or demonstrating equivalent supervision. Renewal lapses are also common and routinely cured before hearing.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Health and Mental Hygiene (DOHMH)

DOHMH protects and promotes the health of all New Yorkers through disease prevention, health promotion, and environmental health programs.

Free case review

DOHMH inspection or summons in hand?

The 30-day re-inspection window after a B/C grade is critical to recover an A. Defenses on critical violations turn on inspection documentation that should be reviewed quickly. Same-day case review during business hours.

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Or email us

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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