What to do if your business is issued a civil summons for an alleged violation
If your business receives a civil summons from a New York City agency, it's crucial to respond promptly and appropriately to avoid penalties, defaults, or enforcement actions. Here's an overview of the steps you should take, based on guidance from the NYC Office of Administrative Trials and Hearings (OATH):
Understanding the Summons
- What is a civil summons? It's a notice issued by a City agency (e.g., Department of Buildings, Sanitation, Health) alleging a violation of a city rule or law.
- Who handles the hearing? OATH is the City's central administrative law court that adjudicates these matters.
- Why is it important? Ignoring a summons can lead to default judgments, increased fines, property liens, or even license suspensions
Responding to the Summons
You must respond by the hearing date listed on the summons. Options include:
- Admit and pay the penalty before the hearing date to avoid further action.
- Fight the summons by requesting a hearing.
- Reschedule the hearing once, if needed.
- Submit a defense online, by mail, or through a phone hearing
Key highlights of the webinar:
- OATH website: https://www.nyc.gov/site/oath/index.page
- Infographics on how to respond to a summons with a OATH hearing: https://www.nyc.gov/assets/oath/downloads/pdf/outreach-infographic-webversion-en_012624.pdf
- NY Law Scool Appeals Database search: https://www.nyls.edu/cityadmin/
- Free mediation for: (I didn’t mention but it’s a free mediation service we can provide.)
- Quality-of-life issues between residents and businesses
- Negotiation between commercial tenants and landlords
- Neighboring business to business misunderstandings
- https://www.nyc.gov/site/oath/conflict-resolution/mend-establishment-neighborhood-disputes.page