ECB (OATH) Hearings Explained: Deadlines, Fines, and Dismissals

If you receive a Notice of Violation (NOV) from the NYC Department of Buildings (DOB), Fire Department (FDNY), or Environmental Control Board (ECB), you have the right to contest it at an OATH hearing. Understanding the process, deadlines, and defense strategies can save you thousands of dollars in fines. This guide covers everything NYC property owners need to know about ECB/OATH hearings.

What Is ECB/OATH?

The Office of Administrative Trials and Hearings (OATH) is an independent NYC agency that conducts hearings for violations issued by the Environmental Control Board (ECB). ECB processes violations from:

DOB: Building code violations, permit violations, work without permit (WWP), facade issues
FDNY: Fire safety violations, sprinkler/fire alarm deficiencies, exit/egress violations
HPD: Housing maintenance code violations (heat, hot water, lead paint)
DOHMH: Health code violations (pest control, sanitation)
DEP: Environmental violations (asbestos, air quality, water discharge)

Key Fact: ECB hearings are administrative, not criminal. You won't face jail time, but fines can reach $25,000+ per violation with daily penalties.

Timeline and Critical Deadlines

Step 1: Receive Notice of Violation (NOV)

Timing: Typically within 7–14 days of violation issuance. Delivered by mail or posted on property.

What to do: Read the violation code, description, penalty amount, and hearing date. Check for errors (wrong address, incorrect violation code, etc.).

Step 2: Respond Within 40–60 Days

Critical Deadline: You have 40–60 days (depending on violation type) to:

Admit Liability: Pay the fine online at OATH ECB Portal (waives hearing rights but avoids additional penalties).
Request a Hearing: Plead "Not Guilty" and schedule a hearing date online or by mail.
Request Default Removal: If you missed the deadline, file a motion to vacate default (must show good cause).

⚠️ WARNING: If you ignore the NOV, OATH will issue a Default Decision with maximum fines + per-diem penalties. Defaults can double or triple your fine.

Step 3: Hearing Scheduled (30–90 Days After Request)

Location: OATH Hearings Division, 66 John Street, 11th Floor, Manhattan (or remote video hearings).

Duration: 15–45 minutes per case.

Step 4: Decision Issued (Within 30 Days)

The Administrative Law Judge (ALJ) will issue a written decision: Sustained (guilty), Dismissed (not guilty), or Penalty Reduced.

Step 5: Appeal (Within 30 Days)

If you disagree with the decision, file an appeal to the ECB Appeals Unit. Appeals are limited to legal errors, not factual disputes.

How to Prepare for Your OATH Hearing

1. Review the Violation

Obtain the full violation report from OATH or DOB. Check:

Violation code and description
Inspector's notes and photos
Cited Building Code or Housing Maintenance Code sections
Penalty schedule

2. Gather Evidence

Strong evidence includes:

Photos/Videos: Dated images showing compliance or that violation was corrected
Permits: Approved DOB permits showing work was legal
Invoices: Contractor receipts proving repairs were completed
Inspection Reports: Third-party engineer or architect reports
Timeline Documents: Emails, text messages, work orders showing correction efforts
Witness Testimony: Contractors, tenants, or superintendents who can verify facts

3. Identify Defenses

Common defenses that succeed at OATH:

Inspector Error: Wrong address, incorrect violation code, misidentified condition
Violation Corrected Before NOV: Prove the issue was fixed before the Notice was issued
Permit Exists: Show valid DOB permit covering the work in question
Not the Property Owner: Prove you didn't own the property at the time of violation
Force Majeure: Emergency circumstances (fire, flood, pandemic) prevented correction
De Minimis: Violation is technically true but so minor it doesn't warrant penalty

4. Prepare Your Presentation

Structure your defense clearly:

Opening: "Good morning, Your Honor. My name is [Name], owner of [Address]. I'm here to contest violation #[Number] issued on [Date]."
Facts: Briefly explain the situation. Stick to facts, not emotions.
Evidence: Present documents, photos, and testimony. Refer to specific exhibit numbers.
Defense: Explain why the violation should be dismissed or reduced.
Closing: "For these reasons, I respectfully request that the violation be dismissed."

5. Consider Hiring a Violation Attorney or Expeditor

For high-value cases ($5,000+ fines) or complex violations, hire an ECB attorney or expeditor. They can negotiate plea deals, file motions, and present technical defenses.

Common OATH Hearing Outcomes

Dismissed (Victory)

Result: No fine. Violation removed from property record.

When it happens: Inspector error, evidence proves compliance, violation was corrected before issuance.

Sustained (Guilty)

Result: Full fine imposed. May include per-diem penalties for late correction.

When it happens: Respondent admits violation or ALJ finds evidence insufficient to disprove violation.

Penalty Reduced

Result: Fine reduced by 25–75%.

When it happens: Violation proven but respondent shows good faith correction efforts, financial hardship, or first-time offender status.

Adjourned (Postponed)

Result: Hearing rescheduled.

When it happens: Respondent requests more time to gather evidence or violation is in the process of being corrected.

Fine Reduction Strategies

1. Cure Before Hearing

If you correct the violation before the hearing date, bring proof (photos, invoices, permits). ALJs often reduce fines by 50% for timely correction.

2. Negotiated Plea Agreement

Contact the agency prosecutor (DOB, FDNY, etc.) before the hearing to negotiate a reduced penalty. Common in cases with multiple violations.

3. First-Time Offender Mitigation

If you have no prior violations, emphasize your clean record and request leniency.

4. Financial Hardship

In rare cases, ALJs may reduce fines for small property owners facing economic hardship (must provide financial statements).

5. Payment Plans

If you can't afford the full fine, request a payment plan (6–24 months). Must be arranged with OATH Finance Division.

What Happens If You Lose?

If OATH sustains the violation, you have 30 days to pay the fine or appeal. Failure to pay results in:

Property Lien: Unpaid fines become a lien on your property, blocking sales or refinances
Increased Penalties: 9% annual interest + collection fees
Judgment Enforcement: City can seize bank accounts, garnish rents, or place property in HPD's Alternative Enforcement Program (AEP)
DOB Permit Block: No new permits issued until fines are paid

Frequently Asked Questions

Can I request a virtual (remote) hearing?

Yes. OATH offers video hearings via Webex. Request remote access when scheduling your hearing.

What if I miss my hearing date?

File a Motion to Vacate Default within 30 days. You must prove: (1) reasonable excuse (medical emergency, mail delivery issue), and (2) meritorious defense.

Can I bring a lawyer to OATH?

Yes. You can represent yourself or hire an attorney/expeditor. The City will have a prosecutor present.

How long does an OATH appeal take?

Appeals are typically decided within 60–120 days. If upheld, you must pay the fine immediately to avoid liens.

Are OATH decisions public record?

Yes. OATH decisions are searchable online and may be cited in future hearings or lawsuits.

Key Takeaways

Never ignore an ECB Notice of Violation—respond within 40–60 days
Gather strong evidence (photos, permits, invoices, inspection reports)
Correct violations before the hearing to get 50% fine reductions
Consider hiring an ECB attorney for high-value or complex cases
Use automated violation monitoring to catch issues early

Resources

Related Resources

Last updated: October 2025. This guide is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for specific cases.