GOLDSCHEIN LAW PRACTICEEYTAN M. GOLDSCHEIN, ESQ.

NYC OATH, DOB, HPD and Article 78 Practice Areas

Short answer: Goldschein Law Practice handles six focused areas for NYC property owners: DOB summons defense at OATH, HPD Emergency Repair Program charge challenges, Parks tree claims, Article 78 proceedings against any NYC agency, real estate litigation and general civil litigation.

Goldschein Law Practice represents New York City building owners and landlords in the full range of administrative challenges against city agencies. When an agency's determination is unlawful or arbitrary, the practice challenges it in court through Article 78 proceedings.

DOB Summons Defense at OATH

Department of Buildings summonses are heard at the NYC Office of Administrative Trials and Hearings (OATH). A summons can carry substantial penalties, and an unresolved violation can complicate future filings and transactions involving the property.

The practice defends owners at every stage: reviewing the summons and the cited conditions, preparing and appearing at the hearing, making mitigation and dismissal arguments, appealing adverse OATH decisions, and guiding the cure of underlying conditions.

Detailed page: DOB summons defense at OATH

Resources: OATH · OATH Summons Finder · DOB Building Information Search (BIS) · DOB NOW

HPD Emergency Repair Program (ERP) Charge Challenges

When HPD performs emergency work on a building, it bills the owner through the Emergency Repair Program. These charges can be substantial - but a charge is not necessarily valid or collectible.

The practice protests ERP charges on behalf of owners: challenging the work performed, the amount, the necessity, the deadlines, and the notice; preparing and submitting formal protests to HPD; asserting untimely-charge defenses HPD is barred from collecting; and following each protest through to resolution.

Detailed page: HPD ERP charge protests

Resources: HPD · HPD Emergency Repair Program · HPDOnline

Parks Tree Claims

The NYC Parks Department pursues property owners for damage involving street trees, and claims can escalate to collection demands and referrals. The practice reviews the basis for the claim, responds to the demand, and contests or negotiates it toward resolution.

Detailed page: NYC Parks tree claims

Resources: NYC Parks

Real Estate Litigation

The practice litigates real estate disputes in the New York State courts on behalf of owners, landlords, and businesses, from negotiation through trial and appeal.

Detailed page: real estate litigation

Resources: NYSCEF (NY Courts e-filing)

Article 78 Proceedings

When a city agency's determination is unlawful, arbitrary, or unsupported by the record, the practice challenges it in New York State Supreme Court through an Article 78 proceeding - including determinations by DOB, HPD, Parks, FDNY, NYPD, and other New York City agencies.

Article 78 proceedings carry strict filing deadlines, and the challenge is built on the agency's own record. The practice evaluates the determination, develops the record, and litigates the proceeding in court.

Detailed page: Article 78 proceedings

Resources: DOB · HPD · NYC Parks · FDNY · NYPD · NYSCEF

General Litigation

The practice handles general civil litigation for New York property owners and businesses, in state and federal court, from filing through resolution.

Detailed page: civil litigation

Resources: NYSCEF · eTrack

Facing an agency charge or summons? Call 718-928-4107 or send a message to discuss your property.