OATH / ECB summonses: what happens if you miss the hearing

Published October 6, 2026 · 6 min read · By Bulwark

A violation written by DOB, FDNY, DEP, DSNY or DOHMH is usually paired with a summons returnable at OATH (the Office of Administrative Trials and Hearings, formerly the Environmental Control Board, so you will still hear “ECB”). The violation is the condition; the summons is the money. This guide is about the money.

What the summons says

Each summons carries a hearing date, a penalty schedule, and a class: Class 1 (immediately hazardous), Class 2 (major) or Class 3 (lesser). Class 1 DOB summonses carry mandatory hearings and the largest penalties, commonly $1,250 to $25,000, and cannot be resolved by simply paying. Many Class 2 and 3 summonses can be “admitted” and paid online at a reduced amount, or cured.

The cure option

Some summonses (the summons itself will say “cure”) allow you to correct the condition and file a Certificate of Correction before the hearing, in exchange for a zero penalty. This is the best outcome available and it is purely a deadline: the correction and the certificate must be accepted by the issuing agency before the hearing date. We treat every curable summons as an emergency.

What a default costs

Miss the hearing and OATH enters a default judgment: the maximum penalty for the charge, often double or triple the mitigated amount, plus the loss of any right to argue. A $1,250 DOB summons for work without a permit becomes a $5,000 or $10,000 default. The judgment becomes a lien-able debt against the property and shows up in every title search.

Reopening a default

You can move to vacate a default: within 60 days of the judgment with a simple request, after that only with a showing of a reasonable excuse and a meritorious defense, and generally only once. Every month that passes makes it harder. If you have just discovered defaults on a building, the clock is already running.

Mitigation and representation

At the hearing a respondent can show the condition was corrected (reduced penalty), contest the charge (dismissal), or negotiate. Owners do not have to appear in person, a registered representative or attorney can appear with the evidence. We appear with photographs, invoices, permits and the Certificate of Correction, and we ask for mitigation on every eligible charge.

Keeping it from happening again

• Check OATH and DOB records monthly, summonses are served by mail to the registered owner and get lost
• Keep the HPD registration and DOB contact information current so notices arrive
• Fix curable items immediately; the zero-penalty window is short
• Never let a hearing date pass without an appearance or an adjournment request

The free violation check lists active OATH/ECB summonses on any address with penalty, balance due and the next hearing date.