Step-by-step
Review the Violation Notice
Carefully read the ECB violation (also called a Notice of Violation or NOV). It specifies the violation code, penalty amount, hearing date, and the respondent. Note the return date for your hearing.
Prepare Your Defense
Gather evidence to support your case: photos showing the condition was corrected, contractor receipts, permits showing authorized work, or evidence that the violation was issued in error. Organize documents chronologically.
Attend the OATH Hearing
ECB violations are heard at the Office of Administrative Trials and Hearings (OATH). Appear at the designated OATH location on your hearing date. You can represent yourself or hire an attorney or expeditor.
Present Your Case
At the hearing, the administrative law judge will review the violation. You can present evidence, call witnesses, and argue for dismissal or penalty reduction. Common defenses include cure (correcting the condition before the hearing), incorrect address, or lack of jurisdiction.
Request a Penalty Reduction
If the violation is sustained, you can request a reduced penalty. Factors include first-time offense, quick correction, financial hardship, and cooperation with the agency. Stipulated penalties (agreed reductions for admission) are common.
Appeal the Decision
If you disagree with the OATH decision, you can file an appeal with the OATH Appeals Unit within 30 days. Further appeals can be made to state court via an Article 78 proceeding.
Overview
ECB violations carry monetary penalties that can range from a few hundred dollars to tens of thousands. Understanding the appeal process can save significant money and clear your property record.
Common ECB Violations
ECB violations are issued for a wide range of infractions including work without a permit, failure to maintain building, illegal conversion, fire safety violations, elevator violations, and sign violations. The issuing agency can be DOB, FDNY, DEP, DOT, or other city agencies.
Default Judgments
If you fail to appear at your hearing date, a default judgment is entered against you, often at the maximum penalty amount. You can request to vacate (cancel) a default judgment by filing a motion with OATH, but you must demonstrate a reasonable excuse for the failure to appear and a meritorious defense to the violation.
Payment Plans
If a penalty is sustained, OATH offers payment plans for respondents who cannot pay the full amount immediately. Contact OATH to set up a payment plan before the penalty is referred to collections.
Frequently asked
How long do I have to respond to an ECB violation?
You must appear at the hearing on the date specified on the violation notice. If you need to reschedule, contact OATH before the hearing date to request an adjournment. Failure to appear results in a default judgment.
Can I reduce an ECB penalty?
Yes. Penalties can be reduced through stipulated agreements, cure provisions (correcting the condition), or by presenting mitigating factors at the hearing. First-time violations and quick corrections often receive reduced penalties.
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