A Department of Buildings summons is the beginning of an enforcement case against your property, heard at the NYC Office of Administrative Trials and Hearings (OATH). Penalties for a single violation can run into the tens of thousands of dollars, and an unresolved violation can block permits, delay refinancings, and complicate sales. Goldschein Law Practice defends building owners in DOB cases at OATH from the first notice through hearing, appeal, and cure.
How the Practice Defends a DOB Summons
The defense starts with the summons itself: the cited condition, the section of law, the officer's observations, and the service. The practice reviews the property's records in BIS and DOB NOW, appears at the hearing, and requires the City to prove its case. Where the facts support it, the practice seeks dismissal; where they do not, it pursues mitigation to bring the penalty down. Adverse decisions are appealed, and the practice guides the cure of the underlying condition, including certificates of correction where DOB requires them.
Why Deadlines Control These Cases
A missed hearing becomes a default, and default penalties are where the City's numbers grow fastest. Appeal windows are short. The earlier a summons is in a lawyer's hands, the more options exist - including the practice's property monitoring service, which alerts owners when a new violation is filed so a hearing date never slips by unnoticed.
Documented Results in DOB and OATH Matters
- Five DOB violations standing in judgment for $132,500 resolved for $31,000 after contested OATH hearings - $101,500 saved.
- More than 100 ECB violations, with $1,798,350 demanded by the City, resolved for $104,500 - $1,693,850 saved.
- Default judgments vacated after a City marshal froze the client's bank account; a Supreme Court TRO forced the account's release - $37,321 saved.
Read the full case summaries on the Results page
DOB Summons and OATH Hearing FAQ
Do I have to appear at my OATH hearing in person?
In most cases the practice appears at the OATH hearing on the owner's behalf. You do not generally need to attend personally once the practice is representing you on the summons.
Can the penalty on a DOB summons be reduced?
Often, yes. Penalties can be challenged at a hearing, and mitigation can substantially reduce what the City collects. In one matter, five DOB summonses standing in judgment for $132,500 were resolved through contested OATH hearings for $31,000. Every case depends on its facts, and prior results do not guarantee a similar outcome.
What happens if I ignore a DOB summons?
Ignoring a summons leads to a default, and default penalties are typically far higher than what would be imposed after a hearing. A violation in default can also complicate permits, filings, refinancing, and sales involving the property. The practice can move to reopen defaults in appropriate cases.
What is a certificate of correction?
For many violations, DOB requires proof that the underlying condition was fixed - typically a certificate of correction with supporting evidence such as photographs. Correcting the condition does not by itself erase an imposed hearing penalty, but it is often essential to compliance and to avoiding related follow-on violations.
Can an OATH decision be appealed?
Yes. Adverse OATH decisions can be appealed within strict deadlines - generally thirty days. The practice evaluates the hearing record and pursues appeals where the decision cannot be supported.
Resources: OATH · OATH Summons Finder · DOB Building Information Search (BIS) · DOB NOW