What is a Notice of Violation?
It is a ticket issued to you by a City Agency.
[back to top]
How do I know when my hearing date is?
The hearing date is written on the ticket. If your ticket does not have a hearing date, call ECB customer service at (212) 361-1400. You may also call 311. ECB will then send you a letter. The letter will tell you the hearing date.
[back to top]
Why was my hearing scheduled for a certain day?
The ECB holds hearings on different days. The day the ECB will hear your ticket often depends on the type of violation. Each ECB borough office has its own schedule. For example, the Queens office hears Building Code tickets only on Tuesdays. You should come to your hearing on the date and time stated on the ticket. If you do not, you may lose certain rights you have under the law.
[back to top]
How can I change my hearing date?
To change the date of your hearing, call the ECB Customer Service line at (212) 361-1400. You may also call 311. If your ticket lists an ECB office to go to for your hearing, call that ECB office.
[back to top]
What happens if I do not show up to my hearing?
If you do not show up to your hearing, ECB will find you in default. This means that you will be found responsible for the violation and you will have to pay an additional fine. A default may lead the City to enter a judgment against you in civil court.
Learn how to respond to a violation
If you have missed your hearing date, you should contact ECB immediately.
Learn more about hearings by mail
[back to top]
How can I prove I am not responsible for the ticket?
If you believe that you are not responsible, or have some other answer to the summons, you must have a hearing. At a hearing you will state under oath (testify to) your story of the facts about the ticket. You may bring other people to testify (witnesses). You may also present papers, photos and other documents. These other papers should support what you say at your hearing. Examples of evidence you may want to bring are deeds, drawings, maps, licenses, permits, envelopes (to show mailing or receipt dates), and photos.
Learn more about preparing for a hearing
[back to top]
Do I need a lawyer?
No. But you may have a lawyer present if you wish. Many people choose to speak for themselves or hire non-lawyers to make their case. If you choose to hire a lawyer, however, you must pay his or her fee.
[back to top]
Can I pay the penalty without attending a hearing?
For some tickets, the answer is yes. Some tickets may be resolved by paying the penalty in person, on-line or by mail. Read the front of the ticket to see if you may do this. You should carefully read and follow any instructions on your ticket. Remember that if you pay the penalty, the ECB deems that an admission that you were in violation. For other tickets, you may be required to come to ECB court even if you wish to admit to the violation.
Pay a violation
Understand a violation
[back to top]
Can I argue my ticket by mail?
Some types of tickets can be decided by mail.
Learn more about hearings by mail
[back to top]
I reported a violation. Can I participate in the hearing?
If you want to speak at the hearing, you must ask the judge. In some cases, people affected by the outcome of the case may be able to speak during the hearing. Call the ECB Customer Service at (212) 361-1400 or 311 to see if you may do this.
[back to top]
How can I find out information about a ticket?
ECB can give you information about the hearing date and the status of a case. You will need to have the ticket number or the address on the ticket. Please call the ECB Customer Service at (212) 361-1400. You may also call 311.
[back to top]
What do I do when I arrive at ECB for my hearing?
When you arrive at ECB, you will need to check-in at the reception window or desk (depending on the borough). At that time, you will be given a Notice of Appearance form to complete. Return your completed form and your ticket to the receptionist. Then wait for an Administrative Law Judge (ALJ) to call you for your hearing.
[back to top]
What happens during the hearing?
Once everyone is in the hearing room, the ALJ will turn on the recording device. This may be a tape recorder or a computer. The ALJ will introduce him or herself. He or she will explain how ECB hearings are conducted. The ALJ will take statements from the agency witnesses if any. Then you and any other witnesses will respond. The ALJ will look at any documents (papers, photos, etc.) that the parties or witnesses give to him or her. He or she will hear any legal arguments from you and the agency representative.
Watch an informational video about responding to a Department of Buildings violation in low or high bandwidth
[back to top]
What happens after the hearing?
Once everyone has given their statements and evidence and made their legal arguments, the ALJ will end the hearing. He or she will then write the decision. ECB will mail the ALJ's decision and order to you.
[back to top]
If I am found in violation, what happens?
You must pay the fine. You must also follow any additional directions. For example, you might be ordered to correct the problems stated in the ticket.
[back to top]
What can I do if I disagree with the ALJ's decision?
If you disagree with the ALJ's decision, you are allowed to file an appeal.
[back to top]
What can I do if the ECB enters a default order against me?
If you receive a default order and penalty from ECB, you may:
- pay the penalty, including any late penalties that may have been added; or
- ask for a hearing by following the instructions printed on the back of your order.
Respond to a violation
[back to top]
Where can I find information to help me understand some of the terms on the ticket or from the hearing?
This site has a glossary of legal terms commonly used at ECB.
[back to top]
I am hearing impaired. Will the City provide a sign-language interpreter?
Yes. Call the ECB Customer Service line at (212) 361-1400 or 311 before your hearing if you need a sign language interpreter. Once we have notified you of the new hearing date it is important that you come to ECB on the right date and at the right time. The interpreters will not wait for you if you are late.
[back to top]
I do not speak English. Will ECB provide an interpreter?
Yes. In any hearing the judge can get an interpreter over the phone. When you check in, tell the receptionist you need an interpreter and the language you speak. When you go into the hearing room, tell the ALJ that you need an interpreter. If you do not ask for an interpreter but then you decide during the hearing that you need one, tell the ALJ.
[back to top]
Why am I getting notices to pay my violation when I already paid?
ECB may have sent you a notice to pay before we received your payment. To see if ECB got your payment, you may:
- call ECB Customer Service at (212) 361-1400
- call 311
- visit the Department of Finance ePayment Center
[back to top]
How can I get a copy of my ticket or decision and order?
Call the ECB Customer Service at (212) 361-1400 or 311 to get a copy of your ticket or decision and order. You must provide your ticket violation number when you call. After the ECB processes your request, it will either (1) mail you a copy; or (2) let you pick up a copy at ECB. The first two copies are free. Each extra copy is $0.25.
[back to top]
Frequently Asked Questions
