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New York City Environmental Control Board
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Respond to a Violation

 

You must respond to a Notice of Violation (ticket). There are two ways to respond to a ticket:

  1. You may admit that you violated the rule or law. If you do, you must correct the problem, if required. You must also pay any penalty listed. If you admit to the violation, please carefully read the instructions on your ticket. Sometimes, you will still have to come to ECB court.

  2. If you believe that you did not break the rule or law, or are not the person who must pay for the violation, you must contest your ticket either online, by mail, or by coming to ECB court for a hearing.  The hearing is your chance to explain why you think ECB should dismiss the ticket.

    1. The Mail Unit hears certain tickets based on a letter and evidence you can send in. Click here for more information about having a hearing by mail.
    2. Online "One-Click Hearings" are conducted for certain tickets by using an e-form which allows you to submit a statement of defense and upload up to three files of supporting documentation with a maximum total size of 3MB. Click here for more information about having a One-Click Hearing.
    3. You can have your hearing with a judge over the phone if you were issued certain types of tickets. Click here for more information and learn how to schedule a hearing by phone.
    4. At a live hearing, you can present evidence to an ALJ. A representative from the agency that issued the ticket may also come to a live hearing. The representative may or may not be the person who wrote the ticket. Click here for more information about having a live hearing.

Even if you choose a One-Click Hearing, a judge may decide your case needs to be heard by mail or in person. If that happens, ECB will let you know by letter.

If you have a hearing, by mail, online, over the phone, or in person, and you disagree with the decision you have the right to appeal.

Respond to a Department of Buildings ("DOB") violation
Watch this video to learn how to respond to Building Violations.
Watch the video in low or high bandwidth


Defaults

If you do not come to your hearing, you will receive an order from ECB. This order is called a Default order. It will say that you did not appear and will order you to pay a higher fine. You may respond by:

  1. Paying the penalty and any additional penalties that may have been imposed.
  2. Asking for a hearing.
    • To ask for a hearing you must use a form provided to you by ECB. You can get this form from this website or you can get a copy at any ECB office.
    • If your request for a hearing is granted, you do not have to pay penalties unless the judge finds you guilty after you have had your hearing. This is called a temporary suspension, or stay of the default order. If this is the first time you missed your hearing and you ask for a new hearing within 45 days of the missed hearing date, ECB will schedule a new hearing. At that hearing, you may explain why you did not respond to the ticket.

You must respond to a default order. If you do nothing, you will have to pay the default penalty. If you do not pay the penalty, the ECB may file papers with the Civil Court of New York City. This is called docketing a judgment. We may also file these papers with certain other courts.


Requests to have a hearing after default

Even if more than 45 days have passed since you received a notice stating that you missed your hearing, you may still be able to request a hearing. You may also be able to avoid a late penalty.

Are you eligible?
If you have failed to come to ECB court, you may apply for another date for your hearing. The ECB decides those requests on a case-by-case basis. Call ECB customer service at (212) 361-1400, call 311, or stop by an ECB office to see if you are eligible to have a hearing.

How to request a hearing after default:
You must request a hearing in writing on an ECB form called “Request For a New Hearing After a Failure to Appear (Vacating a Default).” Copies of the form are available here and in each ECB office. Both sides of the form must be completed. You must also send in any supporting documents stated on the form. These documents should be sent with the form. If you do not send documents or do not fully complete the form, your request for a hearing will be denied. You many only make this request once.

What happens?
 The ECB will use this information to decide whether you will get a hearing. If you are given a new hearing, ECB will mail you your new hearing date. If ECB gives you a new hearing, you must attend the new hearing. You will not be given another chance to appear if you do not come to ECB on your new hearing date.

Send your hearing request to:
Environmental Control Board
Special Motion Part
66 John Street, 10th Floor
New York, NY 10038

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