OATH/ECB Court Representation

Guiding property owners, managers, or businesses through addressing and potentially dismissing violations issued by NYC regulatory agencies.

1. Violation Review and Strategy Development

  • Violation Assessment: Review issued violation(s) to understand the alleged infraction, specific charges, and possible defenses.
  • Strategy Formation: Determine the best approach, such as disputing the violation, showing corrective action, or negotiating a reduced penalty. This includes assessing the likelihood of dismissal or reduction.

2. Pre-Hearing Preparation

  • Gathering Evidence: Collect all relevant documents, permits, photos, and repair receipts to support the defense.
  • Witness Preparation: Prepare witnesses like contractors or property managers to help prove corrective actions or compliance.
  • Compliance Documentation: Document any corrective actions (e.g., repairs made, permits obtained) for submission.
  • Legal Research: Research applicable NYC codes and previous cases to strengthen the defense.

3. OATH Hearing Representation

  • Presentation of the Case: Present arguments, evidence, and witness testimonies to dispute the violation or show compliance efforts.
  • Negotiation: Negotiate with the administrative law judge for penalty reductions, especially if corrective actions have been taken.
  • Penalty Mitigation: Aim to reduce financial penalties and avoid further enforcement if a full dismissal is not possible.

4. Post-Hearing Actions and Compliance

  • Implementing Court Decisions: Pay fines and complete mandated corrective actions if the violation is upheld. Proof of compliance may be required.
  • Appealing Decisions: File an appeal if the decision is unfavorable, based on procedural or substantive grounds.

5. Continued Compliance and Record Management

  • Corrective Action Follow-Up: In some cases, OATH may require periodic reporting or documentation updates to ensure continued compliance.
  • Record Maintenance: Keep organized records of resolved violations and compliance measures for future reference.

Key Considerations in OATH/ECB Court Representation

  • Timely Response: Failure to respond or attend an OATH hearing can result in default judgments and higher penalties, so prompt action is essential.
  • Legal Expertise: Knowledge of NYC administrative law and agency regulations, along with an understanding of defense strategies, can significantly impact the outcome.
  • Documentation and Evidence: Judges often rely heavily on documentation, so thorough records can make or break a case.