What happens
What a default means.
If no one appears or responds, the facts in the summons are treated as admitted, you’re found in violation, and the decision takes effect immediately. DOB states that a default penalty is five times higher than the standard amount. Default penalties can reach $25,000 depending on the violation.
Unpaid penalties don’t go away. The City can get a judgment in Civil Court, the Department of Finance can pursue collection with interest, and unpaid penalties can affect your ability to get City licenses or permits.
Requesting a new hearing
The deadlines that matter.
| When you ask | What you need to show |
|---|---|
| Within 75 days (first request) | Generally granted |
| 75 days to 1 year | A reasonable excuse for missing the hearing |
| After 1 year, or a second default on the same summons | Exceptional circumstances |
OATH’s own pages describe the 75 days differently in different places, so count from the date of the missed hearing to be safe. Requests use OATH’s form and can be filed online, by mail or in person; OATH says a decision can take up to six weeks.
Missed a hearing? Call with the summons number and we’ll check where you stand.
Call (929) 367-0962Closing it out
The violation still has to close.
Even after the penalty is resolved, the violation stays open on the property’s record. Unless OATH dismissed the summons, DOB generally requires a Certificate of Correction, filed through DOB NOW: Safety, showing the condition was corrected. The DOB penalty schedule also provides for reduced default penalties in some cases once a Certificate of Correction is accepted.
Next time
Hearing options that save a trip.
- By phone: request it in advance; OATH holds most hearings this way
- Online: submit a written defense by the hearing date
- By mail: OATH must receive it before the hearing date
- In person: arrange it with OATH ahead of time
Questions
Frequently asked.
Is a missed OATH hearing the same as a missed ECB hearing?
Yes. DOB summonses that used to be ECB violations are now heard by OATH.
Will my first request for a new hearing be granted?
OATH’s rules say a first request made within 75 days is generally granted. After that, you need a reasonable excuse or, later still, exceptional circumstances.
If I just pay the default penalty, am I done?
Not with DOB. The violation stays open until it’s resolved through a Certificate of Correction, unless the summons was dismissed.
Sources
Official sources.
- OATH rules on defaults (48 RCNY 6-20, 6-21)
- OATH: Request a new hearing online
- OATH: Hearings and defaults
- DOB: OATH hearings and penalties
- OATH: Payments and penalties
General information about New York City procedures, last reviewed November 2026. Amounts and rules change and every property is different, so this isn’t legal advice. Call us about your specific situation.