Understanding OATH Violations: A Complete Guide for NYC Property Owners
Learn everything you need to know about OATH violations in NYC, including common types, how to respond, and strategies for successful defense.
When a violation notice from the Department of Buildings (DOB) or Fire Department (FDNY) arrives at your property, it can feel overwhelming. As someone who has represented hundreds of property owners in OATH proceedings, I can tell you that understanding the process is the first step toward a successful resolution.
This comprehensive guide will walk you through everything you need to know about OATH violations in NYC, from the initial notice to the final hearing decision.
What Are OATH Violations?
The Office of Administrative Trials and Hearings (OATH) is an independent tribunal that conducts hearings for various NYC agencies. When city agencies like DOB, FDNY, or the Department of Health and Mental Hygiene (DOHMH) issue violations, these cases are typically heard by OATH judges.
Common Types of OATH Violations
DOB Violations
- • Work without permits
- • Building code violations
- • Safety violations
- • Zoning violations
- • Construction site violations
FDNY Violations
- • Fire safety violations
- • Sprinkler system issues
- • Emergency exit problems
- • Fire alarm violations
- • Combustible storage violations
The OATH Process: Step by Step
1. Receiving the Violation Notice
When you receive a violation notice, it will include:
- The specific violation and location
- The hearing date and time
- The hearing location
- Instructions for responding
Important: The hearing date is typically 30-45 days from the violation date. Don't miss this deadline!
2. Preparing Your Defense
Effective preparation is crucial. Here's what you need to gather:
- Before and after photographs of the violation
- Permits and approvals
- Contractor invoices and work records
- Maintenance logs
- Correspondence with city agencies
3. The Hearing
At the hearing, you'll have the opportunity to:
- Present your evidence
- Question the inspector
- Argue your case
- Request penalty reductions
Practical Defense Strategies
📌 Michael's Pro Tips
- • Document everything: Take clear, dated photos before and after any corrective work
- • Get proper permits: If work was done, ensure all required permits were obtained
- • Act quickly: Address violations promptly to show good faith
- • Keep records: Maintain detailed logs of all maintenance and repairs
- • Be prepared: Organize your evidence in a clear, logical order
Common Defenses
- Violation was corrected: Show evidence of proper corrective action
- Work was permitted: Present all required permits and approvals
- Tenant caused the issue: Document tenant behavior that led to the violation
- Inspection error: Challenge the inspector's findings with evidence
What to Avoid
- Missing the hearing date
- Arriving unprepared
- Being disrespectful to the judge
- Submitting unclear or undated evidence
- Ignoring the violation notice
Possible Outcomes
Positive Outcomes
- Dismissal: Violation thrown out entirely
- Cure Credit: Penalty reduced for corrective action
- Penalty Reduction: Fine reduced based on circumstances
When Penalties Apply
- Full Penalty: Violation upheld at maximum amount
- Additional Fees: Late payment penalties
- Repeat Violations: Higher penalties for recurring issues
Resources & Next Steps
Official NYC Resources
About the Author
Michael Nacmias, Esq. is a NYC-based attorney with over 20 years of experience handling OATH hearings, landlord-tenant disputes, real estate closings, and compliance matters across all five boroughs. He specializes in OATH and ECB violations, helping clients navigate complex city regulations and achieve favorable outcomes.
Michael has successfully defended hundreds of OATH violations and understands the intricacies of NYC's administrative system. His practice focuses on practical solutions that protect his clients' interests while ensuring compliance with city regulations.
Related Practice Areas
Need Help with Your OATH Violation?
Don't face OATH violations alone. Our experienced team can help you prepare a strong defense and achieve the best possible outcome.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an attorney. This is attorney advertising. Prior results do not guarantee similar outcomes.