How to Fight an OATH Summons in NYC

The Office of Administrative Trials and Hearings (OATH) is New York City's independent administrative law court. Its Hearings Division decides summonses issued by City enforcement agencies, such as the Department of Buildings, Sanitation, FDNY, the Department of Health, Parks, NYPD and the Department of Transportation.

OATH hearings are informal. You do not need a lawyer, though you can hire one at your own expense.

Your deadline: the hearing date, and earlier to book a hearing

You must respond on or before the hearing date printed on the summons. If you don't, OATH finds you "in violation" by default, and you may have to pay a higher penalty. To fight it by phone or in person, book the hearing first: at least 3 business days ahead for phone, 5 for in person. To get text reminders about your case, text OATHreminder to 917-451-8829.

Your options before the hearing date

1. Admit and pay

If the summons lists a penalty and doesn't say you must appear, you can pay it instead of having a hearing. Paying admits the charge and gives up your right to a hearing. You can pay online, by mail or in person. Make sure OATH receives the payment before the hearing date.

2. Reschedule once

If you want to fight the summons but can't on the scheduled date, you can ask to reschedule. Each summons can be rescheduled one time, and the request must be made before the hearing date, using OATH's online reschedule form.

3. Accept a settlement or cure the violation

Some agencies offer a settlement, or let you fix ("cure") the violation by a deadline to avoid a hearing. Not every summons has this option. Settlements and cures come from the agency that issued the summons, not OATH, so follow the instructions on the summons or in the agency's offer.

4. Fight it

There are four ways to have your hearing:

• By phone:most hearings are held by phone. Request it with OATH's online form at least 3 business days, and no more than 1 month, before the hearing date.
• Online (One-Click Hearing): send your written defense with OATH's online form, on or before the hearing date. Not every case is eligible, so check first.
• By mail: send a written defense by regular mail. Your case must be eligible, and OATH must receive it before the hearing date.
• In person: by request only. OATH says it allows in-person hearings only in pre-approved circumstances. To ask, email livehearings@oath.nyc.gov at least 5 business days before the hearing date. If approved, OATH emails the date, time and place. Agency representatives still appear by phone.

If you missed the hearing (default)

A missed hearing means a default decision, sent by mail, finding you in violation. You then have two choices: pay the penalty (including any added penalties), or ask for a new hearing.

• You can ask for a new hearing only once for each summons.
• You must use OATH's request form (online or by mail).
• If OATH receives the request within 75 days of the missed hearing date, it grants it. Later requests are governed by OATH's rules (48 RCNY § 6-21) and are not automatic.

If you lose: appealing the decision

You can appeal a hearing decision to OATH's Appeals Division. File within 30 days of the decision date, or 35 days if the decision was mailed to you. The decision date is next to the hearing officer's signature on the last page. OATH's online appeal form sends your appeal to both OATH and the agency that issued the summons. A default decision can't be appealed this way: ask for a new hearing instead.

Free help

• OATH Help Center: (212) 436-0845, for people representing themselves. You can also text OATHhelp to 917-451-8829.
• Hearing information: 844-OATH-NYC (844-628-4692).
• Some case types qualify for free legal help from an outside attorney or advocate. See OATH's "Request Free Legal Assistance" page at nyc.gov/oath.

See also: How to respond to a summons · NYC summons guide · Summons lookup